Raskopoulos v Jensen Laundry Systems Australia Pty Limited [2015] NSWSC 427

Supreme Court New South Wales

Medium Neutral Citation: Raskopoulos v Jensen Laundry Systems Australia Pty Limited [2015] NSWSC 427 Hearing dates: 14 April 2015 Date of orders: 15 April 2015 Decision date: 15 April 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. I grant leave to the plaintiff to file an amended statement of claim: i. deleting particulars g and p; ii. deleting the entirety of paragraph 9; iii. adding the proposed paragraphs h,i and j; and iv. deleting the words "breach of statutory duty" as they appear in paragraphs 8 and 10 of the Statement of Claim. 2. I direct the plaintiff to file and serve the amended Statement of Claim in accordance with order (1) by 4pm on 16 April 2015. 3. The plaintiff is to pay the first defendant's costs of the notice of motion including the costs thrown away by virtue of the amendments which I have allowed. I further order that the plaintiff pay the first defendant's costs of the notice of motion filed on 2 April 2015. 4. The plaintiff is to provide the following to the first defendant by 17 April 2015: a. all documents provided to Mr Ross Underwood for the preparation of his report dated 7 August 2009; b. the plaintiff's personal income tax returns for the financial years ending 2006 and 2014; c. the plaintiff's Notices of Assessment for the financial year ending 2006, 2013 and 2014; d. the plaintiff's Group Certificates for the financial years ending 2006 and 2007; e. a letter from the plaintiff's employer that provides particulars of the dates the plaintiff was absent from work and the total net remuneration lost by the plaintiff due to her absence from work. 5. The parties have liberty to restore the matter to the list on 24hours notice by contacting my associate. 6. Any further expert evidence to be relied upon by the plaintiff arising out of the amendments to the statement of claim is to be served by 5pm on Monday 20 April 2015. 7. Any further expert evidence in reply is to be served by the first defendant by 5pm on Friday 24 April 2015. Catchwords: PRACTICE AND PROCEDURE – Amendment of statement of claim – Where amendments sought consistent with existing pleadings and expert evidence – amendments allowed Legislation Cited: Civil Procedure Act 2005 Fair Trading Act 1987 Trade Practices Act 1974 Cases Cited: Clarapede v Commercial Union Association (1883) 32 WR 262 Leotta v Public Transport Commission of NSW (1976) 9 ALR 437 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 213 ALR 249 Category: Procedural and other rulings Parties: Rebecca Raskopoulos - Plaintiff Jensen Laundry Systems Australia Pty Limited – First defendant Representation: Counsel: Mr D Bertini - Plaintiff Mr G Curtin SC / Mr D Lloyd – First defendant