Ken Tugrul v Tarrants Financial Consultants Pty Limited (In liquidation) ACN 086 674 179 [No 1] [2013] NSWSC 1561

Supreme Court New South Wales

Medium Neutral Citation: Ken Tugrul v Tarrants Financial Consultants Pty Limited (In liquidation) ACN 086 674 179 [No 1] [2013] NSWSC 1561 Hearing dates: 15 October 2013 Decision date: 15 October 2013 Jurisdiction: Equity Division Before: Kunc J Decision: Amendment allowed Catchwords: PRACTICE AND PROCEDURE - Amendment of pleadings - Multiple attempts to formulate claim - No issue of principle - Whether costs to be assessed and payable forthwith. Legislation Cited: Civil Procedure Act 2005 (NSW) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1 Macquarie International Health Clinic Pty Ltd v Sydney Local Health District [2013] NSW SC 764 Category: Interlocutory applications Parties: Ken Tugrul (First Plaintiff) Kellie Tugrul (Second Plaintiff) Daniel Tugrul (Third Plaintiff) Nassrin Tugrul (Fourth Plaintiff) K Bricks Pty Limited (Fifth Plaintiff) Tarrants Financial Consultants Pty Ltd ACN 086 674 179 (In Liquidation) (First Defendant) Mervyn Ross Tarrant (Second Defendant) Stefanie Seco (Third Defendant) Dual Australia Pty Ltd as agent for Lumley General Insurance Limited and Dual Australia Limited as agent for Wesfarmers General Insurance Limited trading as Lumley General Insurance (Fourth Defendants) Representation: Counsel: Mr D. Campbell SC, Mr A. Harding (Plaintiffs) Ms D. Hogan-Doran (Second Defendant), Ms I. King, Mr A. Martin SC (Third Defendant), Ms T. Fisbhurn, Mr M. Newton (Fourth Defendant) Solicitors: RMB Lawyers (Plaintiffs) Jamieson Louttit ( First Defendant) Thomsons Lawyers (Second Defendant) Christopher Nicholls & Associates (Third Defendant) Wotton Kearney (Fourth Defendant) File Number(s): 2009/00291166 Publication restriction: No