NSW Caselaw
New South Wales Supreme Court
CITATION : Berger Investment Group Limited v Coccoon Pty Ltd [2010] NSWSC 221
HEARING DATE(S) : 23 March 2010
JUDGMENT DATE : 29 March 2010
JUDGMENT OF : Harrison J
DECISION : 1. Grant leave to amend the statement of claim. 2. Order the plaintiffs to pay the costs thrown away or occasioned by the amendment.
CATCHWORDS : COSTS – UCPR 42.7 – interlocutory application – late amendment to pleadings – where costs occasioned or thrown away by reason of the amendment payable at conclusion of proceedings – whether court should order otherwise – whether stay pending payment should be ordered.
Civil Procedure Act 2005 LEGISLATION CITED : Fair Trading Act 1987 Trade Practices Act 1974 (Cth)
CASES CITED : Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; (2002) 55 NSWLR 1
Berger Investment Group Limited (First Plaintiff) Gabriel Berger (Second Plaintiff) David Berger (Third Plaintiff) PARTIES : Coccoon Pty Ltd (First Defendant) Richard Heseltine (Second Defendant) Susan Heseltine (Third Defendant) P T Samur (Emas) Furindo (Fourth Defendant) Andrew Heseltine (Fifth Defendant)
FILE NUMBER(S) : SC 2006/261156
COUNSEL : C Jackson (Plaintiffs) L V Gyles SC (First and Second Defendants)
SOLICITORS : Charles G Roth, Solicitor (Plaintiffs) Makinson & d'Apice Lawyers (First and Second Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HARRISON J
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