Grivas v Harrison [2010] NSWSC 208

New South Wales Supreme Court

CITATION : Grivas v Harrison [2010] NSWSC 208

HEARING DATE(S) : 18 March 2010 JUDGMENT OF : Davies J

EX TEMPORE JUDGMENT DATE : 18 March 2010

DECISION : (1) Leave to the Plaintiff to amend the Statement of Claim in accordance with the judgment that I have given. (2) Any such amended Statement of Claim is to be served by 5pm on 9 April 2010. (3) The Plaintiff is to pay the costs thrown away by reason of the amendments to the Statement of Claim, including the costs of the Notice of Motion. (4) Stand the matter over for Mention before me to Tuesday, 27 April 2010 at 9.30am.

CATCHWORDS : PROCEDURE - amendment - Statement of Claim on foot for two years - Plaintiff acting for himself seeks leave to amend - claim for exemplary and punitive damages disallowed - other claims closely related to existing claims.

LEGISLATION CITED : Civil Procedure Act 2005

CATEGORY : Procedural and other rulings

Aon Risk Services v Australian National University (2009) 258 ALR 14 CASES CITED : Harris v Digital Pulse Pty Ltd (2003) 56 NSWLR 298 Grey v Motor Accident Commission (1998) 196 CLR 1

PARTIES : Gregory Grivas (Plaintiff) Howard Harrison and 13 others (Defendants)

FILE NUMBER(S) : SC 2008/289197

COUNSEL : In person (Plaintiff) Mr J Downing (Defendants)

SOLICITORS : HWL Ebsworth Lawyers (Defendants)

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DAVIES J

18 MARCH 2010

2008/289197 GRIVAS v HARRISON & ORS

JUDGMENT

1 These proceedings commenced by the filing of a Statement of Claim on 7 February 2008. At the time the Plaintiff was acting for himself and has continued to do so up to the present hearing of an application before me to amend the Statement of Claim.