Beckett v Le [2012] NSWSC 988

Supreme Court New South Wales

Medium Neutral Citation: Beckett v Le [2012] NSWSC 988 Hearing dates: 15/08/2012 Decision date: 15 August 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) The amended statement of claim filed on 5 June 2012 be struck out. (2) The notice of motion filed by the plaintiff on 6 August 2012 be dismissed. (3) The plaintiff is to pay the defendants' costs of the motions filed 23 July 2012 by the defendant and 6 August 2012 by the plaintiff on an indemnity base basis. (4) Grant leave to the plaintiff to file a motion, if advised, seeking any further amendment of the statement of claim provided such motion is filed on or before 4pm on 24 August 2012. (5) Order any such motion be returnable before me at 9.30am on 30 August 2012. (6) Order that the plaintiff file and serve on or before 4pm on 24 August 2012 an affidavit of the plaintiff setting out all facts, matters and circumstances to be relied upon in support of any newly added cause of action or other proposed amendment in the proposed amended statement of claim. Catchwords: PRACTICE AND PROCEDURE - amended statement of claim filed over five months late, after matter was listed for hearing - notice of motion by defendant seeking the statement of claim be struck out - notice of motion by plaintiff seeking leave to file the statement of claim - plaintiff pleaded new cause of action, manifestly defective - overriding Civil Procedure Act, s 56 consideration, amended statement of claim struck out Legislation Cited: Civil Liability Act 2002 Drug (Misuse and Trafficking) Act 1985 Uniform Civil Procedure Rules 2005 Cases Cited: Buckman (HC) & Son Pty Limited v Flanagan [1974] HCA 30; (1974) 133 CLR 422 Category: Procedural and other rulings Parties: Sekneh Beckett (P) Andrew Tuan Anh Le (D1) Thoa Van Le (D2) Boishakhi Das (D3) Huang Thanh Truong (D4) Beauty and Health Care Pty Ltd (D5) Representation: Counsel: S Hall-Johnson (P) G R Petty (D1), (D5) File Number(s): 2010/105762