In the matter of Polish Club Limited [2019] NSWSC 708

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Polish Club Limited [2019] NSWSC 708 Hearing dates: 16 January 2019 Decision date: 16 January 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Grant leave to the Plaintiffs to file and serve a Second Further Amended Statement of Claim in a form as indicated.

The Plaintiffs pay the Defendants' costs thrown away. Catchwords: CIVIL PROCEDURE – pleadings – application to file and serve a second further amended statement of claim – where hearing date has been allocated for some time – where application is sought very late – where some amendments raise new issues – whether leave should be granted to file and serve second further amended statement of claim. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 64 - Corporations Act 2001 (Cth) s 232 Cases Cited: - Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 - Bi v Mourad [2010] NSWCA 17 - Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Category: Procedural and other rulings Parties: Kazimiera Lukaszewicz (First Plaintiff) Mick Wykrota (Second Plaintiff) Waclaw Jagoszewski (Third Plaintiff) Dariusz Plust (Fourth Plaintiff) Polish Club Limited (First Defendant) Ryszard Borysiewicz (Second Defendant) Hania Geras (Third Defendant) Robert Czernkowski (Fourth Defendant) Mateusz Konopka (Fifth Defendant) Eleonora Olivia Danuta Paton (Sixth Defendant) Representation: Counsel: M Evans (Plaintiffs) R Notley (Defendants)