McManus v Knights Rugby League Pty Ltd [2019] NSWSC 1179

Supreme Court New South Wales

Medium Neutral Citation: McManus v Knights Rugby League Pty Ltd [2019] NSWSC 1179 Hearing dates: 6 September 2019 Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Common Law Before: Harrison J Decision: (1) Direct the plaintiff to provide answers to the particulars requested in the first defendant's letter dated 31 August 2019 by no later than 21 days from the date of these reasons for judgment. (2) Subject to compliance with order (1), grant leave to the plaintiff to amend the statement of claim in the form of the document annexed to the affidavit of Laura Kate Barnett affirmed on 17 June 2019. (3) Direct any party or proposed party wishing to argue for a particular costs order to provide me with written submissions by no later than 2 November 2019. (4) Reserve costs. Catchwords: PLEADING – statement of claim – application to amend – whether proposed amended statement of claim in proper form – where first defendant requested particulars to enable the preparation of a defence – where leave to amend granted subject to earlier provision of answers to particulars Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), s 5 Category: Procedural and other rulings Parties: James Alan McManus (Plaintiff) Knights Rugby League Pty Ltd (First Defendant) Newcastle Knights Pty Ltd (Second Defendant) Representation: Counsel: C T Barry QC and D R Benson (Plaintiff) D Villa SC (First Defendant)