NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Elphick v Elphick [2016] NSWSC 1662 Hearing dates: 23 August 2016 Date of orders: 25 November 2016 Decision date: 23 August 2016 Jurisdiction: Common Law Before: Garling J Decision: (1) Order the plaintiff to pay the defendant's costs of and occasioned by the filing and service of any Amended Statement of Claim; (2) Reserve to the trial Judge the costs of and occasioned by the adjournment of the proceedings including the costs of 23 and 24 August 2016. Catchwords: PRACTICE AND PROCEDURE – civil – Notice of Motion seeking leave to amend Statement of Claim and adjournment of hearing – whether it is in the interests of justice to make the orders sought Legislation Cited: Civil Procedure Act 2005 Contracts Review Act 1980 Cases Cited: Aon Risk Services Australia Ltd v ANU [2009] HCA 27; (2009) 239 CLR 175 Nichols Constructions Pty Ltd v Elphick (No.3) [2016] NSWSC 818 Texts Cited: Not Applicable Category: Principal judgment Parties: Kenneth Ronald Elphick (P1) Point Corp (Australia) Pty Ltd (P2) Vicki Elphick (D1) Leslie Nichols (D2) Judelle Nichols (D3) Nichols Constructions Pty Ltd (D4) Representation: Counsel: S J Phillips (P1, P2) No Appearance (D1) A J McInerney SC / D Macfarlane (D2, D3, D4)
Solicitors: Hall Partners (P1, P2) No Appearance (D1) Wilson & Co, Lawyers (D2, D3, D4) File Number(s): 2016/90702 Publication restriction: Not Applicable
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