Black v Black [2013] NSWSC 954

Supreme Court New South Wales

Medium Neutral Citation: Black v Black [2013] NSWSC 954 Hearing dates: 5 July 2013 Decision date: 05 July 2013 Jurisdiction: Equity Division Before: Robb J Decision: (1) That the plaintiff serve any further amended draft statement of claim by 4pm Wednesday 17 July 2013. (2) That by 4pm Wednesday 17 July 2013 the plaintiff will deliver to my associate a copy of any further draft amended statement of claim, which can be done by email. (3) That the plaintiff's notice of motion filed on 3 June 2013 is stood over to 10am on 19 July 2013 before me in the applications list. The defendant's amended notice of motion filed 5 July 2013 is stood over to 10am, 19 July 2013 before me in the applications list. (4) On 19 July 2013 the matter will be dealt with on a mention basis if the defendant tells the Court that it has not had sufficient time to properly prepare for any contested application but if the defendant is prepared to proceed upon that date, then subject to availability of Court time the matter will be dealt with. (5) The Court reserves the costs of today. Catchwords: PROCEDURE - civil - pleadings - amendment - statement of claim - operation of limitation periods Legislation Cited: Limitation Act 1969 Uniform Civil Procedure Rules 2005 Cases Cited: Commonwealth v Cornwell (2007) 229 CLR 519 Walmsley v Cosentino [2001] NSWCA 403 Category: Procedural and other rulings Parties: Clayton Errol Eric Black (Plaintiff) Richard Black t/as RD Black & Associates Solicitors (Defendant) Representation: Counsel: C Stewart (Plaintiff) T M Faulkner (Defendant) Solicitors: D C Legal Pty Ltd (Plaintiff) Gilchrist Connell (Defendant) File Number(s): 2012/348500 Publication restriction: Nil