Emerald Civil Engineering Pty Ltd v Hunt [2015] NSWSC 786

Supreme Court New South Wales

Medium Neutral Citation: Emerald Civil Engineering Pty Ltd v Hunt [2015] NSWSC 786 Hearing dates: 10 June 2015 Date of orders: 10 June 2015 Decision date: 10 June 2015 Jurisdiction: Common Law Before: Campbell J Decision: Under s 64 Civil Procedure Act 2005 (NSW) and s 38 Civil Liability Act, I grant leave to the plaintiff to file an amended statement of claim joining Remuneration Strategies Group Pty Ltd ACN 095347783 as a defendant. The proposed amended statement of claim, the front page of which is initialled by me, dated today and placed with the papers, is to be further amended in accordance with these reasons. The amended statement of claim is to be filed by close of the Registry on Thursday, 18 June 2015. By close of business today the plaintiff is to provide the defendant's solicitor with a copy of the amended document it proposes to file to enable the solicitor to satisfy himself or herself that the proposed amendment accords with these reasons. In the event of any dispute about whether the proposed amendment accords with these reasons, the parties have liberty to apply on 24 hours' notice, to be exercised by email to my Associate no later than midday 17 June 2015. Costs: That the fourth defendant and the plaintiff bear her and its own costs of the proceedings. That there be no order as to the costs of the plaintiff's motion filed on 10 June 2015. Catchwords: PROCEDURE – civil – parties – joinder – amendment of pleadings Legislation Cited: Civil Liability Act 2002 (NSW); Civil Procedure Act 2005 (NSW); Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Emerald Civil Engineering Pty Ltd (Plaintiff) David Hunt & 3 others (Defendant) Representation: Counsel: Mr J Stephenson for the Plaintiff/Applicant Mr G Covington (solicitor) for the First to Fourth Defendants/Respondents