Sattar v Boral Constructions Materials Group Limited [2018] NSWSC 196

Supreme Court New South Wales

Medium Neutral Citation: Sattar v Boral Constructions Materials Group Limited [2018] NSWSC 196 Hearing dates: 15 February 2018 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The amended summons filed 9 October 2017 seeking to appeal the decision of his Honour Curran LCM dated 11 August 2018 is dismissed.

(2) The plaintiff is to pay the defendants' costs of the proceedings on an ordinary basis. Catchwords: PROCEDURE – whether the plaintiff's amended summons ought to be dismissed on grounds of incompetency – whether amended summons and proceedings ought to be dismissed pursuant to UCPR 13.4 – whether further opportunity to replead summons would allow for the identification of any arguable points of law or any points of mixed law and fact – leave to replead summons refused – amended summons dismissed Legislation Cited: Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: B & L Linings Pty Limited & Anor v Chief Commissioner of State Revenue (2008) 74 NSWLR 481; [2008] NSWCA 187 Sayed v Deng [2012] NSWSC 851 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Category: Procedural and other rulings Parties: Qamar Jahan Sattar (Plaintiff) Boral Construction Materials Group Limited (First Defendant) Boral Resources (NSW) Pty Ltd (Second Defendant) Representation: Counsel: M Condon SC with L Fermanis (Defendants)