Bechini v IUS Pty Ltd (in liquidation) [2016] NSWSC 696

Supreme Court New South Wales

Medium Neutral Citation: Bechini v IUS Pty Ltd (in liquidation) [2016] NSWSC 696 Hearing dates: 10 May 2016, 13 May 2016 and written submissions thereafter Decision date: 01 June 2016 Before: Adamson J Decision: (1) Grant leave to the plaintiffs to file and serve a further amended statement of claim in the form served by the plaintiff on 13 May 2016.

(2) Reserve to the trial judge, pursuant to s 65(3) Civil Procedure Act 2005 (NSW), the question of the date on which the amendments made in the further amended statement of claim take effect.

(3) Dismiss the notice of motion filed by the third defendant on 5 August 2015.

(4) The plaintiffs pay the second and third defendant's costs thrown away by the filing of the further amended statement of claim, which costs include the costs thrown away by the service of the earlier versions of the proposed amended statement of claim on 14 and 15 December 2015, 12 and 13 May 2016.

(5) Order the plaintiffs to pay the second and third defendants' costs of the motion.

(6) Stand the matter over for further directions before the Registrar on 15 June 2016. Catchwords: PRACTICE AND PROCEDURE – third defendant's notice of motion to strike out plaintiffs' statement of claim – notice of motion resolved by agreement between parties that further draft pleading could stand

COSTS – general rule that pleading party pay costs associated with amending its pleading – plaintiffs to pay costs of the motion Legislation Cited: Civil Procedure Act 2005 (NSW), s 65(3) Insurance Contracts Act 1984 (Cth), s 54 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6 Uniform Civil Procedure Rules 2005 (NSW), r 42.6 Category: Procedural and other rulings Parties: Julian Bechini and Michelle Bechini (Plaintiffs) IUS Pty Ltd (in liquidation) (First Defendant) WFI Insurance Limited (Second Defendant) M & R Insurance Brokers Pty Ltd (Third Defendant) Representation: Counsel: CJM Palmer (Plaintiff) G Covington (Solicitor)(Second Defendant) D Lloyd (Third Defendant)