Young v Hones [2013] NSWSC 580

Supreme Court New South Wales

Medium Neutral Citation: Young v Hones [2013] NSWSC 580 Hearing dates: 13/04/2012 Decision date: 17 May 2013 Jurisdiction: Common Law Before: Garling J Decision: (1)Motion filed by the plaintiff on 6 March 2012 is dismissed. (2)Motion filed by the first and second defendants on 30 August 2011 is dismissed. (3)Motion filed by the third defendant on 2 March 2012 is dismissed. (4)Motion filed by the fourth and fifth defendants on 6 March 2012 is dismissed. (5)Order the plaintiff, if she now seeks to proceed on the Statement of Claim filed on 11 November 2010, then on or before 4pm Friday 1 June 2013, the plaintiff will need to notify the defendants in writing of her intention so to do (6)Order that defendants have leave to, if so advised, file any further Notices of Motion seeking the hearing of a separate question under r 28.2 of the UCPR with respect to the issues raised by the pleaded advocates immunity defences, providing that such motions together with all affidavits in support are filed on or before 4pm 28 June 2013. (7)Grant leave for the motions to be returnable before me at 9.30am on Friday 5 July 2013. (8)Proceedings stood over to 9.30am on Friday 5 July 2013 for directions. (9)Liberty to apply on three days notice. (10)Costs reserved. Catchwords: PROCEDURE - Amendment of pleading - need for statement of claim to be clear, concise and unambiguous - whether leave should be granted to file complex pleading - no point of general principle