Colton v Stuart James Percy trading as Stuart Percy & Associates [2013] NSWDC 4

District Court New South Wales

Medium Neutral Citation: Colton v Stuart James Percy trading as Stuart Percy & Associates [2013] NSWDC 4 Hearing dates: 24 January 2013 Decision date: 24 January 2013 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) On the application of the plaintiff for leave to amend the Statement of Claim, the hearing of the defendant's Notice of Motion is stood over for hearing to Thursday 4 April 2013. (2) Costs reserved. (3) Grant leave to the plaintiff to amend the Statement of Claim conditional upon any such amendment being served on the defendant no later than 21 February 2013. (4) Order the parties to attend mediation (the expense for which is to be equally divided between them) before a mediator selected by the NSW Bar Association, such mediation to take place no later than 28 March 2013. (5) The defendant's Notice of Motion stood over for further hearing to Thursday 4 April 2013 at 10:00am before Gibson DCJ. Catchwords: PRACTICE AND PROCEDURE - application for summary judgment - pleadings fail to disclose cause of action - application for leave to amend statement of claim granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), r 12.1 Cases Cited: P & W v Manny [2010] ACTSC 50 Tame v The State of New South Wales (2002) 211 CLR 317 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff/Respondent: Eric Thomas Colton Defendant/Applicant: Stuart James Percy trading as Stuart Percy & Associates Representation: Plaintiff/Respondent: In person Defendant/Applicant: Mr W Carney Plaintiff/Respondent: In person Defendant/Applicant: In person File Number(s): 2012/284374 Publication restriction: None