Ridgley-Hewitt v Ridgley-Hewitt [2017] NSWSC 483

Supreme Court New South Wales

Medium Neutral Citation: Ridgley-Hewitt v Ridgley-Hewitt [2017] NSWSC 483 Hearing dates: 7 April 2017 Date of orders: 07 April 2017 Decision date: 07 April 2017 Jurisdiction: Common Law Before: Lonergan J Decision: (i) Leave is granted to the First Defendant/Cross Claimant to file its Amended Statement of Cross Claim in the form annexed to the affidavit of Ms Arnold, sworn 2 March 2017 within 14 days, i.e. on or before 21 April 2017. (ii) The First Defendant/Cross Claimant to pay the costs of the notice of motion. (iii) The matter is listed for case management directions before me on Tuesday 3 October 2017 at 9:00 am. (iv) The parties have liberty to approach the list clerk in Sydney and in Lismore (in that order) to obtain the earliest available hearing date for a 10 day hearing in Lismore. Catchwords: PROCEDURE – cross-claim – amendment – amendment of cross-claim – change of venue – leave granted to amend statement of cross-claim Legislation Cited: Civil Procedure Act 2005 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146; [1997] HCA 1 Category: Procedural and other rulings Parties: Daniel Ridgley-Hewitt (Plaintiff) Harley Ridgley-Hewitt (First Defendant, Cross-Claimant) Juno Energy Pty Ltd (Second Defendant, First Cross-Defendant) Byron Health Foods Distribution Pty Ltd (Second Cross-Defendant) Representation: Counsel: G Guirguis, R Taylor (Plaintiff) N Polin SC (First Defendant, Cross-Claimant) A Mulcahy, solicitor (Second Defendant, First Cross-Defendant) N Gordon, solicitor (Second Cross-Defendant)