NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu [2017] NSWSC 1658 Hearing dates: 22 September 2017 Decision date: 22 September 2017 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to s 64 of the Civil Procedure Act 2005 (NSW) plaintiffs granted leave to file an amended statement of claim in the form annexed the notice of motion; costs of the application to be each party's costs in the cause Catchwords: CIVIL PROCEDURE – application for leave to file amended statement of claim to correct name of defendant – where limitation period expired after filing of originating process – whether the mistake in the name of the defendant was misleading Legislation Cited: Civil Procedure Act 2005 (NSW), s 65(2) Defamation Act 2005 (NSW), s 9 Category: Procedural and other rulings Parties: The Sydney Cosmetic Specialist Clinic Pty Ltd (first plaintiff) Dr Siew Yi Lee (second plaintiff) Richard Hu ("Yiwen Hu") (first defendant) Valgrow Pty Ltd (trading as LJ Hooker Burwood) (second defendant) Lijue Ma (third defendant) Erica Chen Cheng (fourth defendant) Representation: Counsel: C Hamilton-Jewel (plaintiffs) P Chu (first defendant) S Bird (second defendant)
Solicitors: MLH Lawyers Pty Ltd (plaintiffs) AHL Legal (defendants) File Number(s): 2017/180689 Publication restriction: None
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