Moran v Ossman [2012] NSWDC 251

District Court New South Wales

Medium Neutral Citation: Moran v Ossman [2012] NSWDC 251 Hearing dates: 14/12/2012 Decision date: 14 December 2012 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: 1. Grant leave to the cross-claimants to file and serve the third amended cross-claim by 21 December 2012 on condition that further particulars to paragraphs 26, 28(a) and 29 of the third amended cross-claim be provided by 21 December 2012. 2. Decline to make orders in accordance with paragraph 2 of the notice of motion filed 6 December 2012. 3. Direct the cross-defendant to file and serve any defence to third amended cross-claim by 29 January 2013. 4. Direct the cross-claimants to file and serve any further lay evidence by 1 February 2013. 5. Direct the cross-defendant to file and serve any evidence in reply by 29 March 2013. 6. List for directions on 4 April 2013 at 9.30am before the list judge for the purpose of obtaining a hearing date and any further pre-trial directions. 7. Order the cross-claimants to pay the cross-defendant's costs thrown away by reason of the amendments. 8. Order the cross-claimants to pay the cross-defendant's costs of the motion. 9. Grant liberty to apply to the list judge on 2 days' notice. Catchwords: PLEADINGS - application for summary judgment - application to file and serve amended cross-claim - prejudice Legislation Cited: Uniform Civil Procedure Rules 2005 r 13.1(b), 42.7 Cases Cited: Dinmore Meatworks Pty Ltd v Kerr [1962] HCA 47, (1962) 108 CLR 628 Category: Interlocutory applications Parties: Andrew Wayne Moran trading as AW Moran Sawmilling (ABN 30 541 225 425) (plaintiff/cross-defendant) Kathleen Ossman (defendant/first cross-claimant) Ren Farm Pty Ltd (ABN 12 133 687 911) (second cross-claimant) Representation: Mr G Carolan (plaintiff/cross-defendant) Mr J A Rose (defendant/cross-claimants) Green & McKay (plaintiff/cross-defendant) Brown & Partners Solicitors (defendant/cross-claimants) File Number(s): 2010/320655 and 2011/203862 Publication restriction: No