YAU HANG CHAN v KERRY REYNOLDS; YAU HANG CHAN v DEPARTMENT OF HOUSING & ANOR [2009] NSWSC 792

New South Wales Supreme Court

CITATION : YAU HANG CHAN v KERRY REYNOLDS; YAU HANG CHAN v DEPARTMENT OF HOUSING & ANOR [2009] NSWSC 792

HEARING DATE(S) : 27 July 2009

JUDGMENT DATE : 13 August 2009

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

(1) I note that proceedings 20392/08 were transferred from the Administrative Law List (where they had been identified as proceedings 30022/08) pursuant to an order made on 29 August 2008. (2) The plaintiff's application by notice of motion dated 10 October 2008 for leave to amend the amended statement of claim in proceedings 20392/08 is refused. (3) Pursuant to rule 13.4(1) of the UCPR, I order that proceedings 20392/08 be dismissed. DECISION : (4) I order the plaintiff to pay the defendants' costs of proceedings 20392/08. (5) In proceedings 20332/08, the plaintiff's oral application made in Court on 27 July 2009 for leave to amend the amended statement of claim is refused. (6) I order that proceedings 20332/08 be dismissed. (7) I order that the plaintiff pay the defendant's costs of those proceedings.

CATCHWORDS : PROCEDURE – Supreme Court Procedure – application under rule 13.4(1) Uniform Civil Procedure Rules – summary dismissal of claim on the basis that pleadings disclose no cause of action – whether claims manifestly hopeless – whether proceedings frivolous or vexatious – whether proceedings abuse of process – claims held to be manifestly hopeless – proceedings summarily dismissed - PROCEDURE – Supreme Court procedure – application for leave to amend pleadings – no form of pleading provided to Court – ample time – leave denied

Residential Tenancies Act 1987 LEGISLATION CITED : Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005