Samrani v Dagher (No 2) [2017] NSWSC 110

Supreme Court New South Wales

Medium Neutral Citation: Samrani v Dagher (No 2) [2017] NSWSC 110 Hearing dates: 17 February 2017 Decision date: 17 February 2017 Jurisdiction: Equity Before: Stevenson J Decision: Leave to file proposed further amended statement of claim refused; plaintiff to pay defendants' costs specified as a gross sum; proceedings to be dismissed if those costs not paid by 9 March 2017 Catchwords: PRACTICE AND PROCEDURE – pleadings – proceedings on foot for two years without plaintiff's pleadings being finalised – sixth iteration of proposed pleading – pleading still deficient; COSTS – specification of costs at a gross sum – proceedings to be dismissed if those costs not paid within time ordered; TORTS – whether cause of action can be assigned Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Kovarfi v BMT & Associates Pty Limited [2012] NSWSC 1101 National Mutual Property Services (Australia) Pty Limited v Citibank Savings Limited (1995) 132 ALR 514 Poulton v The Commonwealth (1953) 89 CLR 540 Rickard Constructions v Rickard Hails Moretti [2004] NSWSC 1041 Category: Procedural and other rulings Parties: Mark Samrani (Plaintiff) Andre Dagher (First Defendant) Terry Makhlouf (Second Defendant) Christian Makhlouf Pty Ltd (Third Defendant) Representation: Counsel: L Teoh (Plaintiff) J Darvall (Defendants)

Solicitors: Boutros Lawyers (Plaintiff) Harrington Lawyers Pty Limited (First Defendant) Macree Law (Second and Third Defendants) File Number(s): SC 2015/50302