Joss v Crowe Horwarth (Aust) Pty Ltd [2017] NSWSC 568

Supreme Court New South Wales

Medium Neutral Citation: Joss v Crowe Horwarth (Aust) Pty Ltd [2017] NSWSC 568 Hearing dates: 9 May 2017 Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to Rule 14.28(b), paragraphs 23, 23A, 23B and 8E(a) of the Further Amended Statement of Claim be struck out. (2) The plaintiffs have leave to file a Second Further Amended Statement of Claim on or before 7 June 2017. (3) The proceedings are transferred to the Professional Negligence List. (4) The proceedings are listed before the Registrar on Wednesday 21 June 2017. (5) The plaintiffs to pay the defendant's costs of the notice of motion. Catchwords: PROCEDURE – pleadings – statement of claim – professional negligence – accountant's negligence – failure to plead sufficiently what would have comprised "competent taxation advice" Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: McGuirk v University of New South Wales [2009] NSWSC 1424 Mechniff v Simpson [1968] VR 62 Northam v Favelle Favco Holdings Pty Ltd (Bryson J, unreported, NSWSC, 7 March 1995) Symond v Gadens Lawyers Sydney Pty Ltd (No 2) [2013] NSWSC 1578 Category: Procedural and other rulings Parties: Colin Francis Joss (Plaintiff) Crowe Horwath (Aust) Pty Ltd (Defendant) Representation: Counsel: J O Hmelnitsky SC/R A Jedrzejezyk (Plaintiff) J E Marshall/S A C Patterson (Defendant)