Yuen v Casini [2015] NSWSC 590

Supreme Court New South Wales

Medium Neutral Citation: Yuen v Casini [2015] NSWSC 590 Hearing dates: 04 May 2015 Date of orders: 20 May 2015 Decision date: 20 May 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to appeal is refused.

(2) The orders made by his Honour Magistrate Van Zuylen in the Penrith Local Court on 26 November 2014 are affirmed.

(3) The appellants are to pay the respondents' costs as agreed or assessed on an ordinary basis. Catchwords: LEAVE TO APPEAL FROM LOCAL COURT – Local Court Act 2007 (NSW) – appeal from an interlocutory decision – whether the Magistrate erred in law in maintaining second defendant as a party where no cause of action pleaded or foreshadowed against them – whether the Magistrate took into account irrelevant considerations in declining to dismiss the claim against the second defendant - whether the Magistrate erred in maintaining on foot an inadequately pleaded amended statement of claim – whether the Magistrate took into account irrelevant considerations in declining to strike out the amended statement of claim Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Banque Commerciale SA En Liquidation v Akhill Holdings Ltd [1990] HCA 11; (1990) 169 CLR 279 Be Financial Pty Ltd (as trustee for Be Financial Operations Trust) v Das [2012] NSWCA 164 Cassar v Hans Pet Constructions Pty Ltd [2008] NSWSC 1386 House v The King [1936] HCA 40; (1936) 55 CLR 499 Pi v Pierce and Attorney General for NSW [2015] NSWCA 118 Sayed v Deng [2012] NSWSC 851 Short v Burn [2012] NSWSC 695 Category: Principal judgment Parties: Clement Yuen (First Appellant) Samantha Edwards (Second Appellant) Albert Casini (First Respondent) Tina Casini (Second Respondent) Representation: Counsel: D Villa (First and Second Appellants)