PPK Willoughby Pty Ltd v Baird [2014] NSWSC 1541

Supreme Court New South Wales

Medium Neutral Citation: PPK Willoughby Pty Ltd v Baird [2014] NSWSC 1541 Hearing dates: 29/10/2014 Decision date: 29 October 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) Stand over the Notices of Motion of 14 August 2014 and 20 August 2014 for further directions to 9.30am, 13 February 2015. (2) Order that the plaintiff is to serve on the solicitors for the defendants a proposed Further Amended Statement of Claim by 4pm, 21 November 2014. (3) Order the defendants, to seek any further particulars of that proposed pleading and to set out any reasons why the form of the pleading is inadequate by letter addressed to the defendants by 4pm, 12 December 2014. (4) Order the plaintiffs to respond to such letter and provide such particulars as are reasonably requested by 4pm, 23 January 2015. (5) Stand the proceedings over to 9.30am, 13 February 2015. (6) Reserve all questions of costs. (7) Grant the parties liberties liberty to apply on three days' notice. Catchwords: PROCEDURE - civil - pleadings - amendment - statement of claim - leave to file a proposed further amended statement of claim; application to - cause of action - misleading and deceptive representations - Fair Trading Act 1987 - State interests -engaged in 'carrying on a business'; whether - statutory duties - pleading inadequate, whether - multiple reformulations of pleading - prejudice, whether - additional costs - delay - STATUTORY INTERPRETATION - Fair Trading Act 1987, s 3 - carries on a business Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Fair Trading Act 1987 Roads Act 1993 Trade Practices Act 1974 Uniform Civil Procedure Rules 2005 Cases Cited: Murphy v State of Victoria & Anor [2014] VSCA 238 New South Wales v RT & YE Falls Investments Pty Limited [2003] NSWCA 54; (2003) 57 NSWLR 1 PPK Willoughby Pty Ltd v Roads and Maritime Services [2014] NSWSC 407 Village Building Company Ltd v Canberra International Airport Pty Ltd [2004] FCA 133, (2004) 134 FCR 422 Category: Interlocutory applications Parties: PPK Willoughby Pty Ltd (P) David Baird and 104 others (D2-D106) Roads and Maritime Services (D107) The Minister for Environmental Planning and (D108) (or the Minister administering the Environmental Planning Act) Representation: Counsel: J Simpkins SC / B De Buse (P) L Collins (D2 to D106) I Pike SC / A Shearer (D107 and D108) Solicitors: Coleman Greig (P) Gilchrist Connell (D2 to D106) Crown Solicitor's Office (D107 and D108) File Number(s): 2012/163736