NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Dr Ghosh v Baycorp Collections PDL Aust Pty Ltd [2014] NSWSC 1727 Hearing dates: 12 November 2014 Decision date: 04 December 2014 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The orders made by Hidden J by consent on 21 August 2014 are set aside. (2) Dr Ghosh is to bear the defendant's costs thrown away as the result of the leave to further amend her summons. (3) Dr Ghosh is to file and serve any amended summons by 30 January 2015. (4) The defendant is to file and serve any amended defence by 20 February 2015. (5) The matter is listed before the Registrar for directions on 27 February 2015. Catchwords: PROCEDURE - notice of motion - orders sought setting aside consent orders - irregularity established - orders made - leave to amend summons granted - costs Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Across Australia Finance v Bassenger [2008] NSWSC 799 Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235
Nominal Defendant v Livaja [2011] NSWCA 121 Logwon Pty Ltd v Warringah Shire Council (1993) 33 NSWLR 13 Category: Procedural and other rulings Parties: Dr Ratna Ghosh (Plaintiff) Baycorp Collections PDL Aust Pty Ltd (Defendant) Representation: Counsel: Mr A Kaufmann (Defendant) Solicitors: Ms Ghosh, unrepresented (Plaintiff) Baycorp Legal Pty Limited (Defendant) File Number(s): 2014/147232 Publication restriction: No
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