Bartolo v CSR Ltd; Bartolo v Manpower Services (Australia) Ltd [2015] NSWSC 105

Supreme Court New South Wales

Medium Neutral Citation: Bartolo v CSR Ltd; Bartolo v Manpower Services (Australia) Ltd [2015] NSWSC 105 Hearing dates: 10 February 2015 Date of orders: 10 February 2015 Decision date: 10 February 2015 Before: Garling J Decision: Order that the plaintiff file on or before 13/3/2015 a Further Amended Statement of Claim, which should be served on the defendant on that day. This order is intended to apply and does apply to proceedings 2012/383880 in which CSR Ltd is the defendant and proceedings 2013/83906 in which Manpower Services Pty Ltd is the defendant. The plaintiff to pay the costs of CSR Ltd of the Notice of Motion filed on 4/12/2014. Proceedings listed for directions to 9am on 15/4/2015 before the Registrar. Order Manpower Services (Australia) Pty Ltd to pay its own costs of the Motion. Catchwords: PROCEDURE – civil – application – amend statement of claim – evidentiary statement of plaintiff – expert report – ambiguity with use of word "pipe" – plaintiff to clarify ambiguity – order for plaintiff to file and serve further amended statement of claim – no question of principle Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Daniel James Bartolo (P) CSR Ltd (D) (2012/383880) (D) Manpower Services (Australia) Pty Ltd (D) (2013/83906) Representation: Counsel: E Welsh (P) J Morris SC (CSR) M Taylor (Manpower)

Solicitors: Brydens (P) P Henriks (CSR) Leigh Virtue & Associates (Manpower) File Number(s): 2012/3838802013/83906 Publication restriction: Not applicable