Li v Andriano [2014] NSWSC 877

Supreme Court New South Wales

Medium Neutral Citation: Li v Andriano [2014] NSWSC 877 Hearing dates: 30 June 2014 Decision date: 30 June 2014 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The plaintiff is to file and serve the second amended statement of claim without underlining by 4.00 pm on 7 July 2014. (2) The defendants are to serve any request for particulars by 21 July 2014. (3) The plaintiff is to serve answers to particulars by 4 August 2014. (4) The matter is listed for further directions before the registrar at 9.00 am on Thursday, 7 August 2014. Liberty to vacate. (5) The plaintiff is to pay the costs of the notice of motion filed 21 March 2014 and those costs are to include the costs thrown away by the amendments to the statement of claim. (6) The plaintiff is to forward a copy of this judgment to the costs assessor. Catchwords: PRACTICE AND PROCEDURE - application to file second amended statement of claim - no matters of principle - expert witness - Court appointed costs expert - whether order should be varied Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Contracts Review Act 1980 (NSW) Fair Trading Act 1987 (NSW) Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 31.46 Cases Cited: Muriniti v Lyons [2004] NSWSC 135 Category: Procedural and other rulings Parties: Si Xin Li (Plaintiff) John Joseph Andriano (First Defendant) Fairfield/Liverpool Legal Pty Ltd (Second Defendant) Representation: Counsel: G M Watson SC with E M Peden (Plaintiff) D A Lloyd (First and Second Defendants) Solicitors: Wyatt Attorneys (Plaintiff) Yeldham Price O'Brien Lusk (First and Second Defendants) File Number(s): 2011/290683 Publication restriction: Nil