Adamson v Liu & Ors [2009] NSWSC 663

New South Wales Supreme Court

CITATION : Adamson v Liu & Ors [2009] NSWSC 663

HEARING DATE(S) : 22 June 2009 Written Submissions: 6/07/09, 13/07/09

JUDGMENT DATE : 21 July 2009

JUDGMENT OF : Forster J at 1

DECISION : See paragraphs 33 and 34 of judgment.

CATCHWORDS : PRACTICE AND PROCEDURE - rights of set-off under section 21 of the Civil Procedure Act - Statement of Claim in unsatisfactory state - leave to amend granted on terms.

Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Legal Profession Act 1987 (NSW) Supreme Court Act 1970 (NSW)

CATEGORY : Principal judgment

Dey v Victorian Railways Commissioners (1949) 78 CLR 62 CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Re Devy; Ex parte BBC Hardware Ltd (formerly Burns Philp Hardware Ltd) (1996) 149 ALR 128

Christopher Michael Adamson PARTIES : Adeline Marie Liu Kenneth John Ede

FILE NUMBER(S) : SC 5312/04

COUNSEL : Plaintiff-in person Defendant-R.Horsley

LOWER COURT JURISDICTION : Supreme Court (Associate Judge)

LOWER COURT FILE NUMBER(S) : 5312/04

LOWER COURT JUDICIAL OFFICER : Macready AsJ

LOWER COURT DATE OF DECISION : 20/02/09 and 27/02/09

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

FORSTER J

TUESDAY, 21 JULY 2009

5312/2004 CHRISTOPHER MICHAEL ADAMSON v ADELINE MARIE LIU AND KENNETH JOHN EDE JUDGMENT 1 HIS HONOUR: By his Notice of Motion filed on 24 March 2009 the plaintiff seeks to set aside certain of the orders made by Associate Justice Macready on 27 February 2009 and, in the event that the orders are not otherwise set aside, the plaintiff appeals from those orders. 2 Soon after the commencement of the hearing, it became clear that what the plaintiff in fact wished to do was not to proceed with his application to set aside any of his Honour's orders, but to appeal from orders 1 and 2 of the orders made by his Honour on 20 February 2009 and from orders 1, 2 and 3 of the orders made by his Honour on 27 February 2009. Over the objection of the defendant, I gave leave to the plaintiff to amend his Notice of Motion accordingly and I made orders extending the time within which those amendments were to be made. 3 With those preliminaries having been attended to, I proceeded to hear the plaintiff's appeal, as so amended.