Young v Cooke [2016] NSWSC 408

Supreme Court New South Wales

Medium Neutral Citation: Young v Cooke [2016] NSWSC 408 Hearing dates: 30 March 2016 Date of orders: 13 April 2016 Decision date: 13 April 2016 Before: Garling J Decision: (1) Notice of Motion of the plaintiff dated 31 October 2015 be dismissed. (2) Order, pursuant to r 14.28 of the Uniform Civil Procedure Rules, that the Summons filed by the plaintiff on 16 July 2015 be struck out. (3) Dismiss the defendants' claim for summary judgment as set out in Order 1 of the defendants' Notice of Motion dated 27 August 2015. (4) Stand over the balance of the defendants' Motion of 27 August 2015. (5) Order that, in the event that the plaintiff seeks leave to file an Amended Summons, then he must do so by way of a notice of motion filed on or before 23 May 2016, accompanied by such affidavits in support as the plaintiff wishes to rely upon. (6) Order that such notice of motion and accompanying affidavits in support be served no later than 30 May 2016. (7) Order that the plaintiff be granted leave to make such motion returnable before the Common Law Registrar at 9am on 6 June 2016. (8) Order that the plaintiff pay the defendants' costs of the proceedings on both Notices of Motion. (9) Pursuant to the provisions of r 7.36 of the UCPR, order that the plaintiff be referred to the Registrar for referral to a member of the Pro Bono Panel for assistance with respect to the drafting or settling of a proposed Amended Summons. Catchwords: PRACTICE AND PROCEDURE – civil – notice of motion seeking leave to file amended summons – where summons and amended summons seek to challenge a decision of the Local Court – where both summonses are not in proper form and fail to articulate the basis upon which relief is sought – whether amended summons should be allowed - whether summons should be struck out