NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Moustach Pty Limited v Eddie Takchi [2015] NSWSC 2078 Hearing dates: 3 August 2015 Date of orders: 03 August 2015 Decision date: 03 August 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Amendments to further amended statement of claim disallowed; proceedings against third and fourth defendants dismissed. Catchwords: PROCEDURE – amendments to statement of claim – motion to disallow amendments to statement of claim – where several amendments already made and struck out – where amendments introduce claims against persons not joined to proceedings – where amendments introduce claims which could not possibly succeed – where impugned pleadings defective and incoherent – held, proceedings against third and fourth defendants dismissed. Legislation Cited: (NSW) Conveyancing Act 1919, s 37A Category: Procedural and other rulings Parties: Moustach Pty Ltd (first plaintiff) Moussa Moussa (second plaintiff) Salima Moussa (third plaintiff) Arlette Takchi as executrix of the Estate of Eddie Takchi (first defendant) Arlette Takchi (second defendant) DMRJ Limited (third defendant) TBT Investments Pty Limited (fourth defendant) Representation: Counsel: D C Eardley (plaintiffs) M B Holmes (first and second defendants) J M Ireland (third and fourth defendants)
Solicitors: Russo & Partners (plaintiffs) Barraket Stanton Lawyers (first and second defendants) McGirr Lawyers (third and fourth defendants) File Number(s): 2013/205000
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