Schacht v Thompson and Staunton trading as Staunton & Thompson Lawyers (No. 1) [2012] NSWSC 168

Supreme Court New South Wales

Medium Neutral Citation: Schacht v Thompson and Staunton trading as Staunton & Thompson Lawyers (No. 1) [2012] NSWSC 168 Hearing dates: 27 February 2012 Decision date: 27 February 2012 Jurisdiction: Common Law Before: Johnson J Decision: Defendants' application to rely upon paragraphs 26(b)(iii) through to (vi) of pleading filed on 22 February 2012 is refused. Catchwords: PRACTICE AND PROCEDURE - professional negligence claim - directions a month before trial for filing of amended pleadings - Plaintiff complies with direction - Defendants do not and file pleading out of time shortly before trial - Defendants' pleading goes beyond terms of direction - application by Defendants at trial to rely on amended pleading - associated application by Defendants to call as a witness former wife of Plaintiff - very late notice of application - no statement or affidavit of former wife served - leave refused to rely at hearing on contested amendments Legislation Cited: Civil Liability Act 2002 Family Law Act 1975 (Cth) Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Texts Cited: --- Category: Interlocutory applications Parties: Daniel Schacht (Plaintiff) Bruce Lockhart Thompson and Dennis Michael Stanton trading as Staunton and Thompson Lawyers (Defendants) Representation: Mr PS Braham SC; Mr DA Lloyd (Plaintiff) Mr A Cheshire (Defendants) Riley Gray-Spencer Lawyers (Plaintiff) HWL Ebsworth Lawyers (Defendants) File Number(s): 2009/297435 Publication restriction: ---