Ehiozee v EDO Nigerian Association of New South Wales Incorporated [2012] NSWSC 239

Supreme Court New South Wales

Medium Neutral Citation: Ehiozee v EDO Nigerian Association of New South Wales Incorporated [2012] NSWSC 239 Hearing dates: 12 March 2012 Decision date: 16 March 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Leave to amend the amended statement of claim is granted. 2. The plaintiff is to pay the defendants' costs thrown away as the result of the grant of that leave, as agreed or assessed. 3. The defendants' motions are dismissed. 4. The defendants are to pay Mr Ehiozee's costs, of those motions, as agreed or assessed. 5. Direct that the defendants file and serve their defence to the further amended statement of claim within 28 days of this judgment. 6. Direct that the matter be listed in the Equity Registrar's List on 13 April 2012 and in the Defamation List on 7 May 2012. Catchwords: PROCEDURE - notices of motions - dispute over acceptance of gift of three goats - two motions by defendants seeking orders to have proceedings dismissed for want of prosecution and orders seeking amended statement of claim to be dismissed against personal defendants - motion by plaintiff seeking leave to amend pleadings - leave is granted - defendants motions dismissed - costs Legislation Cited: Associations Incorporation Act 1984 Associations Incorporation Act 2009 Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Goodwin v Vietnam Veterans Motor Cycle Club Australia NSW Chapter Inc [2008] NSWSC 154; (2008) 72 NSWLR 224 Jameel v Dow Jones & Co Inc [2005] QB 946 Luen Fook Tong Inc v Lowe [2011] NSWSC 1004 Schellenberg v British Broadcasting Corporation [2000] EMLR 296 Wallis v Valentine [2003] EMLR 8 Category: Procedural and other rulings Parties: Richard Ehiozee (Plaintiff) EDO Nigerian Association of New South Wales Incorporated (First Defendant) Vincent Evbuomwan (Second Defendant) Glory Idehen (Third Defendant) Sunny Ebiogbe (Fourth Defendant) Peter Uadiale (Fifth Defendant) Victor Johnson (Sixth Defendant) Clement Egharevba (Seventh Defendant) Representation: Counsel: Ms BK Nolan, counsel Solicitors: Allied Lawyers and Immigration Services t/a ALIS Lawyers (Plaintiff) Mr G Penhall, solicitor Penhall & Co Lawyers (Defendants) File Number(s): 2011/56702 Publication restriction: None