Metcash Foot & Grocery Pty Ltd v Randall [2015] NSWDC 440

District Court New South Wales

Medium Neutral Citation: Metcash Foot & Grocery Pty Ltd v Randall [2015] NSWDC 440 Hearing dates: 2 October 2015 Date of orders: 02 October 2015 Decision date: 02 October 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Grant leave to the plaintiff to file by 16 October 2015 an amended statement of claim raising any matters arising out of the issue of the goods being sold and delivered to PG & R Randall Pty Ltd. (2) Grant leave to the first defendant, in a defence to the amended statement of claim, to include a defence based on the matters raised in paragraph 15 of his proposed amended defence in Annexure A to the affidavit of Stephanie Lee Dyball dated 17 August 2015, such defence to be filed by 30 October 2015. (3) Extend time for the plaintiff to serve its affidavits in chief until 1 December 2015. (4) The first defendant to pay the plaintiff's costs occasioned by the foreshadowed amendment to his defence and to pay the costs of the notice of motion. (5) Leave to the plaintiff to have the costs in order (4) assessed forthwith. (6) Grant liberty to the plaintiff, in the event that it is successful in the proceedings and, at that time, has not sought to have the costs in order (4) assessed, to apply to have those costs assessed on an indemnity basis. (7) Stand over for directions on Thursday, 3 December 2015 at 9.30am before the Judicial Registrar. Catchwords: CIVIL PROCEDURE — pleadings — amendment – defence Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules 2005, r 42.1 Category: Procedural and other rulings Parties: Metcash Foot & Grocery Pty Ltd (plaintiff) Paul Randall (first defendant) Stephen Ashworth (second defendant) Representation: Counsel: Mr C Parkin (plaintiff)