De Varda v Austin Legal Solicitor [2013] NSWSC 1919

Supreme Court New South Wales

Medium Neutral Citation: De Varda v Austin Legal Solicitor [2013] NSWSC 1919 Hearing dates: 30/10/2013 Decision date: 30 October 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Pursuant to r 14.28 of the Uniform Civil Procedure Rules order that the Statement of Claim filed 3 September 2013 be struck out. (2) Order that the plaintiffs are to file and serve on or before 4pm 9 December 2013 any Notice of Motion for leave to file an Amended Statement of Claim to which there must be annexed any proposed Amended Statement of Claim. (3) Direct that the plaintiffs file an affidavit or affidavits setting out all facts, matters and circumstances upon which they rely to support the proposed Amended Statement of Claim on or before 4pm, 9 December 2013. (4) Direct that the defendant file and serve any affidavit in response by 4pm 24 January 2014. (5) Grant leave to the plaintiffs to make any Notice of Motion returnable before the Court on Friday 7 February 2014 at 9am before the Registrar. (6) Stand over the Notice of Motion filed by the plaintiffs on 3 September 2013 and on 28 October 2013 to 9am 7 February 2014 before the Registrar. (7) Stand over the balance of the defendant's Notice of Motion filed 2 October 2013 to 9am on 7 February 2014 before the Registrar. (8) Reserve all question of costs. Catchwords: PROCEDURE - various motions - where statement of claim is manifestly defective - where principles of finality are limited by a finding of fraud - no general point of principle. Category: Procedural and other rulings Parties: Joseph De Varda (P1) Rabbi Dr Samuel Tov-Lev (P2) David Cliffe (P3) Austin Legal Solicitor (D) Representation: Counsel: In person (P1-P3) T M Faulkner (D) Solicitors: In person (P1-P3) Gilchrist Connell (D) File Number(s): 2013/266923