Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2009] NSWSC 1265

New South Wales Supreme Court

CITATION : Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2009] NSWSC 1265 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 16 October 2009, 26 October 2009 + written submissions

JUDGMENT DATE : 24 November 2009

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

On condition that the defendant, by 12 noon 25 November 2009, undertakes that it will pay forthwith any and all costs reasonably incurred by the plaintiff in the examination and/or verification of the material discovered by it on 6 August 2009:

(i) Leave be granted to the defendant to file and serve a second further amended defence in the terms filed with the notice of motion, denying the purchase by the plaintiff, or on her behalf, of the defendant's chicken product;

(ii) The defendant shall pay the plaintiff's costs thrown away, together with the plaintiff's costs of the motion. Such costs to be payable forthwith and on an indemnity basis;

DECISION : (iii) The parties shall have liberty, on three days' notice to the Court and other parties, to apply for any different or special order for costs in relation to this motion and/or any different condition precedent to the grant of leave to amend;

(iv) The further hearing of the matter be expedited, but not fixed for hearing before a date to be fixed having regard to the need for the plaintiff to take such steps as she is advised are necessary as a result of the amendment and the production of the document that gave rise thereto;

(v) Otherwise, the parties have liberty to apply on 24 hours' notice to the Court and the other parties.