NSW Caselaw
New South Wales Supreme Court
CITATION : Cameron v Qantas Airways Ltd and Anor [2010] NSWSC 899
HEARING DATE(S) : 6 August 2010
JUDGMENT DATE : 13 August 2010
JUDGMENT OF : Schmidt J
DECISION : Plaintiff granted leave to amend her statement of claim. Plaintiff to bear the defendants' costs of their motions and the hearing, as agreed or assessed.
CATCHWORDS : PROCEDURE - Supreme Court procedure - New South Wales - application under Part 14.28 of Uniform Civil Procedure Rules to strike out statement of claim - leave sought to further amend pleading - leave granted - costs
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
Gunns Limited v Marr [2005] VSC 251 CASES CITED : Kirby v Sanderson Motors Pty Limited [2001] NSWCA 44; (2001) 54 NSWLR 135 Cameron v Qantas Airways Limited [2008] NSWCA 275 Cameron v Qantas Airways Ltd [2009] NSWCA 339
Rita Cameron - Plaintiff PARTIES : Qantas Airways Ltd - First Defendant Walker Legal - Second Defendant
FILE NUMBER(S) : SC 2010/118941
COUNSEL : First Defendant - Mr J Catsanos Second Defendant - Mr M Dicker
Plaintiff - Ms Cameron, unrepresented SOLICITORS : First Defendant - HWL Ebsworth Second Defendant - Yeldham Price O'Brien Lusk
- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION SCHMIDT J
FRIDAY, 13 AUGUST 2010
2010/118941 RITA CAMERON v QANTAS AIRWAYS LTD AND ANOR
JUDGMENT 1 HER HONOUR: These proceedings were commenced by statement of claim filed in May 2010. There the plaintiff, Ms Cameron, sought orders for $8 million from the first defendant, Qantas Airways Ltd ('Qantas') and $2 million from the second defendant, Walker Legal, her former solicitors. The basis on which those orders were sought is not readily apparent. Ms Cameron later filed a notice of motion and an amended statement of claim. The defendants have yet to put on any defences. 2 The defendants filed motions in May and July 2010, seeking orders pursuant to Part 14.28 of the Uniform Civil Procedure Rules 2005, striking out the statement of claim as an abuse of process; disclosing no reasonable cause of action; and causing prejudice and embarrassment. 3 At the hearing the parties directed their cases to the amended statement of claim. After hearing the defendants' submissions, Ms Cameron sought leave to further amend her statement of claim. From Ms Cameron's own explanation of the case which she really wishes to bring in this Court, it became apparent that her pleadings require substantial amendment. 4 The defendants did not oppose that leave being granted, on the basis that Ms Cameron be ordered to bear the costs of their motions and costs thrown away in meeting the existing pleadings. Ms Cameron opposed such an order being made
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