Williamson v Elders Limited [2017] NSWSC 667

Supreme Court New South Wales

Medium Neutral Citation: Williamson v Elders Limited [2017] NSWSC 667 Hearing dates: 23 May 2017 Date of orders: 23 May 2017 Decision date: 23 May 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. Pursuant to s 64(1)(b) of the Civil Procedure Act I grant leave to the plaintiff to file a third further amended statement of claim in the form attached at pages 12 to 24 of the annexures to the affidavit of Hugh Francis Arthur Williamson sworn 22 May 2017, except that:

(a) Elders Limited (ACN 004 336 636) is to be removed as a party; (b) Elders Rural Services Australia Limited (ACN 004 045 121) is to be named as the sole defendant and any references to the second defendant are to be removed and changed to "the defendant" and any references to the first defendant are to be changed to "Elders Limited (ACN 004 336 636"; (c) proposed paragraphs 25 and 26.4 are disallowed; (d) the references to paragraph 21 in existing paragraphs 26 and 27 are to be changed to paragraphs 23 and 24; (e) proposed paragraphs 40, 41, 42 and 44 are disallowed.

2. Direct the plaintiff to file a third further amended statement of claim in conformity with Order 1 within 14 days.

3. Stand over to the trial the question as to whether the Court should, in respect of the amendments made by Order 1, otherwise order under s 65(3) of the Civil Procedure Act 2005.

4. Otherwise dismiss the plaintiff's notice of motion filed 26 April 2017.

5. To the extent necessary, that so much of the plaintiff's second further amended statement of claim as pleads a cause of action against Elders Limited (ACN 004 336 636) be struck out.