Lynda Margaret Holden v Trustees of the Sisters of Mercy (North Sydney) Property Trust [2015] NSWSC 565

Supreme Court New South Wales

Medium Neutral Citation: Lynda Margaret Holden v Trustees of the Sisters of Mercy (North Sydney) Property Trust [2015] NSWSC 565 Hearing dates: 2 April 2015 Date of orders: 15 May 2015 Decision date: 15 May 2015 Jurisdiction: Common Law Before: R S Hulme AJ Decision: 1. Order the Plaintiff to supply within 28 days to each of the Defendants further particulars:

(a) as identified in sections (ii), (iii), (vi), (vii), (ix), (x), (xi) and (xii) of reasons delivered today, and

(b) as identified in paragraphs 3 and 9 of reasons delivered today,

provided, however, that the Plaintiff need not supply such particulars if she elects to file an amended statement of claim within that period and provides such of the particulars ordered as are relevant to that amended statement of claim.

2. Grant liberty to the Plaintiff to file an amended statement of claim within 28 days.

3. Reserve the question of costs.

4. Stand the proceedings over for mention before me on 27 May 2015. Catchwords: PRACTICE AND PROCEDURE – request for particulars – unduly burdensome – abuse of process – no obligation to answer questions – insufficient particulars in statement of claim – liberty to amend Legislation Cited: Adoption of Children Act 1965 (NSW) Civil Procedure Act 2005 (NSW) Category: Procedural and other rulings Parties: Lynda Margaret Holden (Plaintiff) Trustees of the Sisters of Mercy (North Sydney) Property Trust (First Defendant) Philomena Ryman (Second Defendant) The Executor of the Estate of the Late Canisius Lussick (Third Defendant) The Executor of the Estate of the Late Eugene Kinsmore (Fourth Defendant) The Executor of the Estate of the Late Christina Harcombe (Fifth Defendant) The Executor of the Estate of the Late Marie Agnes Hutchinson (Sixth Defendant) The Trustees of the Society of St Vincent de Paul (NSW) (Seventh Defendant) John Francis Davoren (Eighth Defendant) Representation: Counsel: A C Bartley SC (Plaintiff) M Joseph SC (Seventh Defendant