Zhang v Popovic [2015] NSWSC 1593

Supreme Court New South Wales

Medium Neutral Citation: Zhang v Popovic [2015] NSWSC 1593 Hearing dates: 19 October 2015 Decision date: 29 October 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff has leave to amend the statement of claim in accordance with the proposed sixth amended statement of claim. (2) The costs of the proceedings before me are the plaintiff's costs in the cause against the seventh defendant. (3) The matter is listed before the Common Law Registrar for directions at 9 AM on 5 November 2015. Catchwords: PRACTICE AND PROCEDURE – personal injury proceedings – application to amend statement of claim – evidence already served by the seventh defendant – whether the proposed amendment pleads a new or different cause of action – whether the seventh defendant would be unduly prejudiced by the proposed amendment Legislation Cited: Civil Procedure Act 2005 (NSW), ss 65, 65(2)(c) Limitation Act 1969 (NSW) Category: Procedural and other rulings Parties: Cheng Nian Zhang (Plaintiff) Vlado Popovic (First Defendant) Calabro Real Estate Pty Limited (Second Defendant) Interfreight (Aust) Pty Ltd (Third Defendant) Popovic Haulage Pty Limited (Fourth Defendant) National Transport Insurance by its Manager NTI Ltd (ABN 84 000 746 109) (Sixth Defendant) ROC Services (NSW) Pty Ltd (Seventh Defendant) Representation: Counsel: CJM Palmer (Plaintiff) PM Barham (First and Second Defendants) Mr R Cavanagh SC (Seventh Defendant) O Denkha (Seventh Defendant)