Northern Beaches Industrial Supplies Pty Ltd v VEK Tools Corporation Pty Ltd [2020] NSWDC 143

District Court New South Wales

Medium Neutral Citation: Northern Beaches Industrial Supplies Pty Ltd v VEK Tools Corporation Pty Ltd [2020] NSWDC 143 Hearing dates: On the papers Date of orders: 29 April 2020 Decision date: 29 April 2020 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss the plaintiff's Notice of Motion filed on 6 February 2020. (2) Order the plaintiff to pay the defendants' costs of the Motion. (3) Direct the plaintiff, if so advised, to serve a proposed Amended Statement of Claim upon the solicitors for the defendants within 28 days of the date of this judgment. (4) If a proposed Amended Statement of Claim is so served, direct the solicitors for the defendants to write, within 28 days of receipt of the proposed pleading, to the solicitors for the plaintiff indicating whether or not the defendants consent to the proposed amendments; if there is no consent, the letter must set out the reasons why. (5) If the defendants consent to the proposed Amended Statement of Claim, grant leave to the plaintiff to file and serve an Amended Statement of Claim, in the form proposed and consented to. (6) If there is no consent to the proposed Amended Statement of Claim, grant leave to the plaintiff to file a Motion, if so advised, seeking leave to amend the Statement of Claim. Catchwords: CIVIL PROCEDURE – whether power to amend a pleading should be exercised –– internal inconsistencies in the proposed pleading – particulars not provided in proposed pleading – proposed amendment not appropriate in substance or form – leave to amend refused Legislation Cited: Australian Consumer Law (Cth) ss 18, 236 Civil Procedure Act 2005 (NSW) s 64 Category: Procedural and other rulings Parties: Northern Beaches Industrial Supplies Pty Ltd (Plaintiff) VEK Tools Corporation Pty Ltd (First Defendant) Kiriakos Athanasiadis (Second Defendant) Representation: Counsel: D Parish (Plaintiff) T B Senior (Defendants)