Hammond v Gerard Malouf & Partners [2012] NSWSC 664

Supreme Court New South Wales

Medium Neutral Citation: Hammond v Gerard Malouf & Partners [2012] NSWSC 664 Hearing dates: 19, 23 March 2012 Decision date: 19 June 2012 Jurisdiction: Civil Before: Hislop J Decision: 1. The judgment herein dated 20 July 2011 and the assessment dated 22 February 2012 are set aside. 2. The time for service of the statement of claim, the amended statement of claim and the further amended statement of claim is extended to 4.00 pm on 17 July 2012. 3. The second plaintiff is to serve the statement of claim, the amended statement of claim and the further amended statement of claim on the second defendant by 4.00pm on 17 July 2012. 4. The second defendant is to file and serve his defence before 4.00pm on 31 July 2012. 5. The proceedings are stood over for mention before the Registrar on 7 August 2012. 6. The costs of and associated with the notice of motion are costs in the proceedings. Catchwords: Common law - professional negligence - barrister - service of originating process under UCPR 10.9 - service not valid. Legislation Cited: Uniform Civil Procedure Rules 2005 Civil Procedure Act 2005 Cases Cited: Hoskins v Van Den-Braak (1998) 43 NSWLR 290 Howship Holdings Pty Limited v Leslie (1996) 41 NSWLR 542 Cohen v McWilliam (1995) 38 NSWLR 476 Category: Interlocutory applications Parties: Tracie Hammond (Second Plaintiff) Mark Thompson (Second Defendant) Representation: P. Hammond - by leave (Second Plaintiff) E. Chrysostomou (Second Defendant) File Number(s): 2010/265523