Karl Suleman Enterprizes Pty Limited (in Liquidation) v Philip Viet Dzung Pham [2011] NSWSC 1405

Supreme Court New South Wales

Medium Neutral Citation: Karl Suleman Enterprizes Pty Limited (in Liquidation) v Philip Viet Dzung Pham [2011] NSWSC 1405 Hearing dates: 10 November 2011 Decision date: 23 November 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave is granted to the plaintiff to file a further amended statement of claim in accordance with paragraph [23] of this judgment. (2) The further amended statement of claim is to be filed and served within seven days. (3) Costs are reserved. Catchwords: PRACTICE AND PROCEDURE - application for leave to amend pleading - claim for professional negligence by solicitor - whether explanation for delay - whether prejudice to defendants - leave granted Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Corporations Law Law Reform (Miscellaneous Provisions) Act 1946 Limitation Act 1969 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Ibrahim v Pham [2005] NSWSC 246 Category: Procedural and other rulings Parties: Karl Suleman Enterprizes Pty Limited (in Liquidation) (Plaintiff) Philip Viet Dzung Pham (First Defendant) Nedelkja Borak (Second Defendant) Pham & Associates Pty Limited (Fourth Defendant) Pham Atic Pty Limited (Fifth Defendant) Representation: M Ashhurst SC with S Duggan (Plaintiff) D R Pritchard SC (First, Fourth & Fifth Defendants) N Maley (Solicitor) (Second Defendant) Swaab Attorneys (Plaintiff) HWL Ebsworth (First, Fourth & Fifth Defendants) Gilchrist Connell (Second Defendant) File Number(s): 2002/69495