FEV Mono Constructions Pty Ltd v Beattie [2020] NSWSC 467

Supreme Court New South Wales

Medium Neutral Citation: FEV Mono Constructions Pty Ltd v Beattie [2020] NSWSC 467 Hearing dates: 28 April 2020 Date of orders: 28 April 2020 Decision date: 30 April 2020 Jurisdiction: Common Law Before: Fagan J Decision: 1. The second, third and fourth defendants be removed from the proceedings. 2. Pursuant to rule 14.28 of the Uniform Civil Procedure Rules the amended statement of claim filed 6 February 2020 be struck out. 3. The proceedings are stayed unless and until the first plaintiff appoints a solicitor and that solicitor files and serves a notice of his/her appointment pursuant to rule 7.28 of the Uniform Civil Procedure Rules. 4. Provided that a solicitor appointed by the first plaintiff files and serves a notice of appointment the first plaintiff is granted leave to file a further amended statement of claim within 21 days thereafter. 5. Leave is granted to the defendants to apply to have the proceedings dismissed if notice of appointment of a solicitor for the first plaintiff is not filed within 28 days or if a further amended statement of claim is not filed within the 21 days limited under order 4. 6. The plaintiffs pay the defendants' costs of the two notices of motion filed 26 February 2020 and 20 March 2020 including the costs of today's hearing. 7. The plaintiffs' notice of motion filed 20 March 2020 is dismissed. Catchwords: CIVIL PROCEDURE - parties - identification - whether director entitled to commence and carry on proceedings for company - director joined as party to proceedings - whether director could only be a plaintiff if director had a personal cause of action against the defendant, separate from that of the company - Uniform Civil Procedure Rules 2005, r 7.1