Davis v Greenedge Visions Pty Ltd ATF The Stellar Family Trust trading as Resicert [2015] NSWDC 334

District Court New South Wales

Medium Neutral Citation: Davis v Greenedge Visions Pty Ltd ATF The Stellar Family Trust trading as Resicert [2015] NSWDC 334 Hearing dates: 17 December 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Note that the further amended statement of claim is the fifth version of the plaintiffs' claim to have been filed. (2) Grant leave to the plaintiffs to file the further amended statement of claim by 11 January 2016 on terms that: (a) the term "and/or" wherever occurring in the proposed pleading in respect of Mr Antonelli's authority be replaced with "and" or "or" or some other form of words so as to indicate the basis of the liability of the proposed first defendant for the representations of Mr Antonelli; and (b) the defendant have leave to seek further particulars concerning the authority or agency of Mr Antonelli to make representations on behalf of the proposed first defendant. (3) The plaintiffs pay the costs of the defendant thrown away by reason of the amendment save for the costs of the notice of motion. (4) The defendant's costs of the notice of motion be the defendant's costs in the proceedings. (5) In the absence of Mr Antonelli having completed the service of his evidence by 4 March 2016, that the parties have liberty to apply for a further direction about evidence. (6) The plaintiffs to serve a copy of these orders on Mr Antonelli on the occasion of service of the further amended statement of claim on Mr Antonelli. (7) In the absence of the plaintiffs being excused by Mr Antonelli, that the plaintiffs by the 22 January 2016 serve Mr Antonelli with a copy of the current defence, any filed request or provision of particulars and a copy of the evidence served by the plaintiffs. (8) I confirm that the matter is listed for directions on 19 May 2016 at 2pm before the Judicial Registrar. Catchwords: PROCEDURE – parties – joinder – amendment of pleadings Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules 2005, r 14.6, r 42.1, r 42.7 Category: Procedural and other rulings Parties: Mark Brian Davis (first plaintiff) Michael Raco (second plaintiff) Robert Pintabona (third plaintiff) Jack Lee (fourth plaintiff) Greenedge Visions Pty Ltd (ACN 101 869 584) ATF The Stellar Family Trust (ABN 46 768 330 252) trading as Resicert (defendant) Representation: Counsel: Mr D Moujalli (plaintiffs) Mr C J Peadon (defendant)