Agriwealth Pty Ltd v Gordon (No 2) [2016] NSWSC 1220

Supreme Court New South Wales

Medium Neutral Citation: Agriwealth Pty Ltd v Gordon (No 2) [2016] NSWSC 1220 Hearing dates: 22 April 2016 and 17 August 2016 Date of orders: 31 August 2016 Decision date: 31 August 2016 Jurisdiction: Equity Before: Robb J Decision: (1) Grant leave to the plaintiffs to join Christopher Kinsella as second defendant in the proceedings. (2) Grant leave to the plaintiffs to amend their statement of claim in terms of the document described as "draft amended statement of claim (version 2)", save that particular (iv) to par 8 of the draft should first be deleted. (3) Order the plaintiffs to pay the defendant's costs of and occasioned by the amendment to the plaintiffs' statement of claim in so far as the amendments made concern the plaintiffs' claims against the defendant. (4) Order the parties to bear their own costs of the notice of motion filed on 12 February 2016 up to and including the hearing on 22 April 2016. (5) Order the plaintiffs to pay the defendant's costs of the notice of motion after 22 April 2016 including the hearing on 17 August 2016. (6) Stand the proceedings over to the Registrar on 22 September 2016 for directions. Catchwords: PRACTICE AND PROCEDURE – completion of application for leave to join an additional defendant and to amend plaintiffs' statement of claim – application granted – no issue of principle Category: Procedural and other rulings Parties: Agriwealth Pty Ltd (first plaintiff/first applicant) Agriwealth Management Pty Ltd (second plaintiff/second applicant) Malcom Gordon (defendant/respondent) Representation: Counsel: J M Ireland (plaintiffs/applicants) A Vernier (defendant/respondent)