X P Hua & Anor v M S Tuckerman & Ors [2017] NSWSC 1147

Supreme Court New South Wales

Medium Neutral Citation: X P Hua & Anor v M S Tuckerman & Ors [2017] NSWSC 1147 Hearing dates: 19 July 2017 Decision date: 19 July 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Plaintiffs' application for leave to file a Second Further Amended Statement of Claim is dismissed with costs. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment – where one Defendant against whom amendments to pleadings are sought to be made not served with amendment application – where amendment would require Defendants to address events many years after they occurred – where amendment would prolong proceedings. Legislation Cited: - Civil Procedure Act 2005 (NSW), ss 56–58, 62, 64–65 - Limitation Act 1969 (NSW), s 26 Cases Cited: - Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 - Bi v Mourad [2010] NSWCA 17 - Dymocks Book Arcade Pty Ltd v Capral Ltd [2011] NSWSC 1423 - Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 - Morony v Reschke [2015] NSWSC 860 Category: Procedural and other rulings Parties: Xiao Ping Hua (First Plaintiff) Lu Sheng Song (Second Plaintiff) Michael Shane Tuckerman (First Defendant) Paul James Devine (Second Defendant) Stephen John McLaren (Third Defendant) George Beavis (Fourth Defendant) William Gregory Wade (Fifth Defendant) Fang Huai Lim (Sixth Defendant) Link Lawyers Pty Ltd (Seventh Defendant) ABC World Pty Ltd (Eighth Defendant) Kaifeng Shu (Ninth Defendant) Richard Zuwen Yuan (Tenth Defendant) MST Investment Corporation Limited (Eleventh Defendant) Gosford 19-21 Project Pty Ltd (Twelfth Defendant) Representation: Counsel: I G Archibald (Plaintiff) I Raine (submitting appearance – First and Second Defendants)) B Heath/C Breen (Solicitors – Eighth and Tenth Defendants)