Yeeh Yong Jong v Advanced Dental Services Pty Limited [2018] NSWDC 269

District Court New South Wales

Medium Neutral Citation: Yeeh Yong Jong v Advanced Dental Services Pty Limited [2018] NSWDC 269 Hearing dates: 27, 30 July 2018 Date of orders: 21 September 2018 Decision date: 21 September 2018 Jurisdiction: Civil Before: Wilson SC DCJ Decision: 1. the plaintiff's Notice of Motion filed 27 June 2018 is dismissed; 2. the plaintiff is to pay the defendant's costs of and caused by the Notice of Motion; 3. the motion filed by email to my Associate on 31 July 2018 is dismissed; 4. the defendant is to pay the plaintiff's costs of and caused by the motion. Catchwords: CIVIL PROCEDURE – application to amend Statement of Claim on first day of hearing – refused CIVIL PROCEDURE – pleading – defendant's application for summary dismissal of proceedings as disclosing no reasonable cause of action – refused Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Jiwunda and Anor v Trustees of the Travel Compensation Fund [2006] NSWSC 741 Kavia Holdings Pty Limited v Suntrack Holdings Pty Limitied [2011] NSWSC 716 Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 Texts Cited: Ritchie's Uniform Civil Procedure New South Wales Category: Principal judgment Parties: Yeeh Yong Jong (Plaintiff) Advanced Dental Services Pty Limited (Defendant) Representation: Counsel: Mr I Chatterjee (Plaintiff) Mr A Joseph (Defendant)