Becket v Le [2012] NSWSC 1193

Supreme Court New South Wales

Medium Neutral Citation: Becket v Le [2012] NSWSC 1193 Hearing dates: 30/08/2012 Decision date: 31 August 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) I grant the plaintiff leave to file an amended statement of claim on or before 4 pm on 7 September 2012 which reflects these reasons. (2) I order that the amendments which are made by the additional causes of action for "sexual assault" or "other sexual misconduct" as set out in the amended statement of claim are to be taken to have commenced from the date of filing of the amended statement of claim and not the date of the original filing of the statement of claim. (3) I order that the costs of the motion and the costs of and occasioned by the amendment are to be paid by the plaintiff. (4) I order the defendants to file and serve all lay and expert witness evidence upon which they propose to rely on or before 4 pm on 28 September 2012; (5) I order that the time for the joint conferences of experts be extended to 26 October 2012; (6) I order that any reports setting out the agreement or disagreement of the experts arising from their joint conference be filed and served by 7 November 2012; (7) I order that the defendants file and serve any amended defence upon which they propose to rely by 4 pm on Friday 21 September 2012; (8) I order that the plaintiff, if so advised, should file any reply on or before 4 pm on 5 October 2012. (9) I will stand the matter over for directions to 9.30am on 9 November 2012 before Justice Schmidt. (10) I grant the parties liberty to apply to me on short notice. Catchwords: PRACTICE AND PROCEDURE - leave sought to amend statement of claim - whether prejudice to defendants - whether risk to hearing date - leave granted in manner proposed Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Drug Misuse and Trafficking Act 1985 Fair Trading Act 1997 Category: Procedural and other rulings Parties: Sekneh Beckett (P) Andrew Tuan Anh Le (D1) Beauty and Health Care Pty Limited (D5) Representation: Counsel: G Parker (P) G Petty (D1, D5) Solicitors: Beilby Poulden Costello (P) Dibbs Barker (D1, D5) File Number(s): 2010/00105762