Moneytech Finance Pty Ltd v Diamond Made Pty Ltd [2017] NSWSC 836

Supreme Court New South Wales

Medium Neutral Citation: Moneytech Finance Pty Ltd v Diamond Made Pty Ltd [2017] NSWSC 836 Hearing dates: 22 March 2017 Decision date: 23 June 2017 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to r 19.1 of the Uniform Civil Procedure Rules 2005 (NSW), the plaintiff is granted leave to file and serve an amended statement of claim in the proceedings. (2) The matter is listed before the Common Law Registrar at 9AM on 5 July 2017. (3) The costs of the proceedings before me are costs in the cause. Catchwords: PROCEDURE – civil – claim to recover money subsequent to assignment of debt – application to amend statement of claim to include proper plaintiff – competing application to strike out statement of claim – application to amend statement of claim granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Cases Cited: General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 Category: Procedural and other rulings Parties: Moneytech Finance Pty Ltd (Plaintiff) Diamond Made Pty Ltd (First Defendant) Diamond Made Group Pty Ltd (Second Defendant) Charles Thomas Corkery (Third Defendant) Morney Muir Schlebusch (Fourth Defendant) Andrew Robert Wishart t/as Andrews Quality Meats (Fifth Defendant) Andrew Kent Osborne t/as Pizza Pasta Please Campbelltown (Sixth Defendant) AM: PM Restaurant Pty Ltd t/as Shores Restaurant Grill Lounge & Bar (Seventh Defendant) Representation: Counsel: C D Wood (Plaintiff) R Gall (Fifth Defendant) S Robertson (Sixth Defendant) G Wilks (Seventh Defendant)