Solarus Projects v Vero Insurance [No 3] [2013] NSWSC 603

Supreme Court New South Wales

Medium Neutral Citation: Solarus Projects v Vero Insurance [No 3] [2013] NSWSC 603 Hearing dates: 17 May 2013 Decision date: 17 May 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) Prayer 2 is stood over for hearing on a date in or about mid July to be fixed with my associate before 4pm today. I give the parties leave to contact my associate by telephone for that purpose. (2) Prayers 3, 4 and 5 are stood over for mention or direction on the date fixed pursuant to order 1. (3) The defendant to serve any affidavit on which it will rely by 14 June 2013. (4) The second plaintiff to file any affidavit in reply by 28 June 2013. (5) I direct the second plaintiff circulate amongst the parties for their consideration its "amended statement of claim" by 14 June 2013. (6) I reserve all questions of costs in relation to the second plaintiff's motion for determination when prayer 2 is determined. Catchwords: PRACTICE AND PROCEDURE - notice of motion - application by first plaintiff to be represented separately to second plaintiff - application for leave to amend statement of claim PRACTICE AND PROCEDURE - application by second plaintiff for leave to file notice of motion in court and make it returnable instanter - application for extension of time to comply with orders for security of costs - application for a stay of the whole proceedings whilst second plaintiff advances a claim against its former solicitors from the Legal Practitioners Fidelity Fund Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Interlocutory applications Parties: Solarus Projects Pty Ltd (Plaintiff) G.A.P. Constructions Pty Ltd (Second Plaintiff) Vero Insurance Limited (Defendant) Representation: Counsel: A. Leopold SC, R. Higgins (First Plaintiff) I.R. Pike SC (Second Plaintiff) A.S. Martin SC, J. Hynes (Defendant) Solicitors: DLA Piper Australia (First Plaintiff) Sarvaas Ciappara Lawyers (Second Plaintiff) Carter Newell (Defendant) File Number(s): 2011/154276