Moustach Pty Limited v Eddie Takchi [2015] NSWSC 2077

Supreme Court New South Wales

Medium Neutral Citation: Moustach Pty Limited v Eddie Takchi [2015] NSWSC 2077 Hearing dates: 1 June 2015 Date of orders: 01 June 2015 Decision date: 01 June 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Paragraph 24 of Statement of Claim struck out; plaintiffs have leave to file Amended Statement of Claim; defendants have leave to file Notice of Motion seeking that amendments be disallowed. Catchwords: PROCEDURE – joinder of parties – joinder to enable orders requiring attendance of persons – where no cause of action alleged against those persons – no requirement of joinder for purpose of (NSW) Civil Procedure Act 2005, s 68.

PROCEDURE – order allowing plaintiffs to serve evidence outside time limited for service – where evidence not yet served – inability to assess prejudice caused by late service.

PROCEDURE – subpoenae – failure to comply – application for orders requiring compliance – inappropriateness of order.

PROCEDURE – statement of claim – whether sufficiently pleads case – failure to allege crucial facts. Legislation Cited: (NSW) Civil Procedure Act 2005, s 68 (NSW) Conveyancing Act 1919, s 37A Texts Cited: Practice Note No SC Eq 11 Category: Procedural and other rulings Parties: Moustach Pty Limited ACN 051 870 789 (first plaintiff) Moussa Hanna Moussa (second plaintiff) Salima Moussa (third plaintiff) Arlette Takchi as executrix of the estate of the late Eddie Takchi (first defendant) Arlette Takchi (second defendant) DMRJ Pty Limited ACN 139 377 450 (third defendant) TBT Investments Pty Limited ACN 087 336 221 (fourth defendant) Representation: Counsel: D C Eardley (plaintiffs) M B Holmes (first and second defendant) J M Ireland (third and fourth defendant)