Moore v Scenic Tours Pty Ltd [2015] NSWSC 1777

Supreme Court New South Wales

Medium Neutral Citation: Moore v Scenic Tours Pty Ltd [2015] NSWSC 1777 Hearing dates: 26 November 2015 Date of orders: 26 November 2015 Decision date: 26 November 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Grants leave to the plaintiff to file and serve within seven days a Further Amended Statement of Claim in the form attached to the submissions of counsel for the plaintiff dated 24 November 2015, and further amended to: (a) exclude those persons who booked and travelled on the cruise from Bucharest to Budapest departing on 6 June 2013 from the description of the group in paragraph 2;

(b) by the substitution of '22(1)(a) and (d)' in the opening words of the particulars to proposed 17I(a) for "21(1)(a) and (d)";

(c) by the inclusion of the words 'after they were contractually bound', after the phrase 'terms and conditions', that is second appearing in particular (ii) to the particulars to [17I(a)].

(2) The defendant to file any amended defence on or before 11 December 2015.

(3) The plaintiff to file any amended reply by 18 December 2015.

(4) The time for the defendant to file its evidence be extended to 29 January 2016.

(5) The plaintiff to file and serve a revised proposed set of common questions on or before 18 December 2015.

(6) The defendant to file and serve a revised version of proposed set of common questions by 29 January 2016.

(7) Any previous order in relation to mediation be set aside and instead order mediation to occur by 10 March 2016.