Renshaw v New South Wales Lotteries Corporation Pty Ltd [2019] NSWSC 537

Supreme Court New South Wales

Medium Neutral Citation: Renshaw v New South Wales Lotteries Corporation Pty Ltd [2019] NSWSC 537 Hearing dates: 09 May 2019 Date of orders: 09 May 2019 Decision date: 09 May 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Dismiss orders 1 and 2 of the Amended Notice of Motion filed by the plaintiff on 26 March 2019. (2) Grant leave to the plaintiff to amend paragraphs 1 and 2 setting out the relief claimed in the Fourth Amended Statement of Claim, in this way with respect to both paragraphs, namely to add at the end of the existing paragraphs the following words, "Pursuant to s 68 of the Fair Trading Act 1987 (NSW) and/or s 82 of the Trade Practices Act 1974 (Cth) and/or as an order pursuant to s 87(2)(d) of the Trade Practices Act 1974 (Cth)". (3) Order that the plaintiff file and serve a Fifth Amended Statement of Claim containing these amendments on or before 4pm, 17 May 2019. (4) Order the defendants to file and serve any Defences upon which they propose to rely on or before 4pm, 14 June 2019. (5) Order the plaintiff to file and serve any Reply to those defences by 5pm, 5 July 2019. (6) Stand over the plaintiff's Notice to Produce directed to the defendants to 15 July 2019. (7) Stand over the balance of the Amended Notice of Motion to 15 July 2019. (8) Direct that the proceedings, including all outstanding interlocutory proceedings, be listed for directions before the Registrar at 9am on 15 July 2019. (9) Order that the costs of the Amended Notice of Motion to date be the costs in the cause. (10) Grant the parties liberty to apply on three days' notice. Catchwords: CIVIL PROCEDURE – whether to make another order pursuant r 7.36 of the Uniform Civil Procedure Rules 2005, for legal assistance after assistance was not offered initially – whether to grant leave to amend statement of claim to include provisions of the Limitation Act 1969 – whether to grant leave to amend statement of claim to include the cause of action relied upon is for damages when the defendant is already on notice Legislation Cited: Fair Trading Act 1987 (NSW) Limitation Act 1969 Trade Practices Act 1974 Uniform Civil Procedure Rules 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: David Owen Renshaw (P) New South Wales Lotteries Corporation Pty Ltd (D1) State of NSW (D2) Representation: Counsel: In person (P) J D Hogan-Doran (D1, D2)