Kossaifi v ACN 111 804 383 Pty Ltd [2015] NSWSC 1743

Supreme Court New South Wales

Medium Neutral Citation: Kossaifi v ACN 111 804 383 Pty Ltd [2015] NSWSC 1743 Hearing dates: 13 November 2015 Date of orders: 24 November 2015 Decision date: 24 November 2015 Jurisdiction: Common Law Before: Harrison J Decision: (1) Adjourn the proceedings for mention on Friday 12 February 2016 at 9.30 before me. (2) Direct the plaintiffs to serve upon the defendants any proposed amended statement of claim upon which they intend to rely by no later than 4.00pm on Friday 5 February 2016. (3) Order the plaintiffs to pay the defendants' costs of the proceedings to date. (4) Grant liberty to the parties to apply on three days' notice. Catchwords: SHOW CAUSE - where plaintiffs have repeatedly failed to comply with court orders - where peremptory dismissal of proceedings may create an injustice - whether an order for the payment of defendants' costs sufficient to balance prejudice to them - where plaintiffs should put on terms for future conduct of proceedings Legislation Cited: Civil Procedure Act 2005 Supreme Court Practice Note SC CL 1 Uniform Civil Procedure Rules 2005 Cases Cited: Bomanite Pty Ltd v Slatex Corp Aust Pty Ltd (1991) 32 FCR 379 Fairey v Fairey (No 2) [2000] NSWCA 173 Kang v Australian Broadcasting Corporation [2015] NSWSC 893 Queensland v JL Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146 Category: Procedural and other rulings Parties: Joseph Kossaifi and Dolly Kossaifi (Plaintiffs) ACN 111 804 383 Pty Ltd (First Defendant) Farshad Amirbeaggi (Second Defendant) Representation: Counsel: J Horowitz (Plaintiffs) D R Pritchard SC (Defendants)