Paul Ernest Beaumont v Andrew Chang [2013] NSWSC 147

Supreme Court New South Wales

Medium Neutral Citation: Paul Ernest Beaumont v Andrew Chang [2013] NSWSC 147 Hearing dates: 7 February 2013 Decision date: 01 March 2013 Jurisdiction: Common Law Before: Slattery J Decision: Orders extending time for service of the Amended Statement of Claim not discharged. Directions made for filing a Defence to the Amended Statement of Claim. Amendments incorporating causes of action under Trade Practices Act 1974, s 51AC not struck out. Submissions directed in relation to the costs of the defendants' motion Catchwords: PROCEDURE - Supreme Court procedure - judgments and orders - time for service of Amended Statement of Claim extended in May 2012 pursuant to UCPR, rules 1.12 and 6.2(4)(a) - amended pleading served - defendants move for discharge of these orders extending time - whether orders extending time should now be discharged.

LIMITATION OF ACTIONS - amendment to unserved Statement of Claim - addition of causes of action for unconscionable conduct under Trade Practices Act 1974, s 51AC - whether additional causes of action are statute barred - defendants move to strike out amendments - whether amendment should be allowed. Legislation Cited: Trade Practices Act 1974 Uniform Civil Procedure Rules 2005 Cases Cited: Arthur Anderson Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq.) [2009] NSWCA 104; Agricultural and Rural Finance Pty Ltd v Kirk [2011] NSWCA 67, 82 ACSR 390; Weston in capacity as special purpose liquidator of One.tel Limited (in liquidation) v Publishing and Broadcasting Limited [2012] NSWCA 79; The IMB Group Pty Ltd (in liq) v Australian Competition and Consumer Commission [2007] 1 Qd R 148; Illawarra Coke Co Limited v Leplastrier (1916) 34 WN (NSW) 23; Mills v Mills (1948) 65 WN (NSW) 115 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA; Barker v Wingo (1972) 407 US 514; Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25; Barker v Wingo (1972) 407 US 514, Mearns v Australian Litigation Fund Pty Ltd (2006) FCAFC 81 Texts Cited: Starke JG, Assignments of Choses in Action in Australia Category: Interlocutory applications Parties: First Plaintiff:- Paul Ernest Beaumont Second Plaintiff:- Brimbella Pty Ltd atf Judith Beaumont Settlement Trust First Defendant:- Andrew Chang Second Defendant:- Jaza Pty Ltd Representation: Counsel: Plaintiffs:- C.Freeman; Y.Guo First and Second Defendants:- D.H. Murr SC; R.W. Tregenza Solicitors: Plaintiffs:- Peter Zipkis, Watson Stafford Zipkis First and Second Defendants:- Steve Agosta, Nelson McKinnon Lawyers File Number(s): 11/257723 Publication restriction: No