Zugic v Vesuvius Australia Pty Ltd [2017] NSWSC 1185

Supreme Court New South Wales

Medium Neutral Citation: Zugic v Vesuvius Australia Pty Ltd [2017] NSWSC 1185 Hearing dates: 6 July, 29 August 2017 Date of orders: 04 September 2017 Decision date: 04 September 2017 Jurisdiction: Equity Before: Parker J Decision: Leave to file Amended Statement of Claim granted Catchwords: Civil Procedure – leave to file amended statement of claim – leave to amend previously granted – no amended statement of claim filed in accordance with leave – summary dismissal for want of prosecution – substitution of plaintiff – equitable estoppel claim – assignment of cause of action – necessity of previous articulation of cause of action in pleadings – limitation period Limitation of Actions – leave to file amended statement of claim – leave to amend previously granted – no amended statement of claim filed in accordance with leave – delay – analogy at law – substantial identity of causes of action – discretion to order amendment – date of effect of amendment Legislation Cited: Civil Procedure Act 2005 (NSW), ss 64, 65 Uniform Civil Procedure Rules 2005 (NSW), r 19.3(b) Cases Cited: Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 3) [2005] NSWSC 255 Category: Procedural and other rulings Parties: Damjan Zugic (Plaintiff) Vesuvius Australia Pty Ltd (Defendant) Representation: Counsel: JR Young (Plaintiff) BA Coles QC/PT Russell (Defendant)

Solicitors: James Legal Pty Limited (Plaintiff) Pikes and Verekers Lawyers (Defendant) File Number(s): 2013/385037 Publication restriction: Nil