White v Attwells; Attwells v White [2019] NSWSC 1278

Supreme Court New South Wales

Medium Neutral Citation: White v Attwells; Attwells v White [2019] NSWSC 1278 Hearing dates: 24 June 2019(Final written submissions 16 July 2019) Decision date: 25 September 2019 Before: Gleeson J Decision: 2017/239938 (Fees proceeding)

The Court orders:

(1) Subject to the following conditions:

(a) the heading to the cross-claim being amended to only refer to the cross-defendant, Mr White; and

(b) certification by the solicitor for the cross-claimant as to reasonable prospects pursuant to cl 4(2) of schedule 2 of the Legal Profession Uniform Law Application Act 2014 (NSW),

grant leave to the defendant (Mr Attwells) to file a defence and cross-claim cross summons against Mr White, in the form of MFI 1.

(2) Otherwise dismiss the defendant's amended notice of motion filed 7 June 2019.

(3) The plaintiff to pay the defendant's costs of the amended notice of motion filed 7 June 2019, except in relation to the claim for relief in par 3 of that motion.

(4) The defendant to pay Mr Kelly SC's costs of the amended notice of motion filed 7 June 2019.

2017/382284 (Negligence proceeding)

The Court orders:

(1) Pursuant to UCPR, r 1.12, extend the time for service of the statement of claim on the second defendant (Mr Kelly SC) to 13 June 2018.

(2) Pursuant to UCPR, r 36.16(2)(b), vary the order made by the District Court on 18 June 2018 such that the time for service of the statement of claim on the first defendant (Mr White) is extended to 16 August 2018.