Bendigo and Adelaide Bank Limited v Benedetta Russo and Sid Russo; Bendigo and Adelaide Bank Limited v Sid Russo

[2017] NSWSC 566

Supreme Court

New South Wales

Medium Neutral Citation:

Bendigo and Adelaide Bank Limited v Benedetta Russo and Sid Russo; Bendigo and Adelaide Bank Limited v Sid Russo; (No. 3) [2017] NSWSC 566

Hearing dates:

20 April 2017

Date of orders:

12 May 2017

Decision date:

12 May 2017

Jurisdiction:

Common Law

Before:

Bellew J

Decision:

1. The proceedings are adjourned for further directions before me on 16 May 2017 at 9:30am.

 2. The parties are to bring in Short Minutes on that day, reflecting the conclusions that I have reached in this judgment (including those as to costs) and setting out a timetable for the completion of all remaining interlocutory steps.

Catchwords:

PRACTICE AND PROCEDURE – Amendment of pleadings – No point of principle

Cases Cited:

Aon Risk Services Australia Limited v Australian National University (2009) 258 ALR 14; [2009] HCA 27
Bendigo and Adelaide Bank Limited v Benedetta Russo and Sid Russo; Bendigo and Adelaide Bank Limited v Sid Russo (No. 1) [2016] NSWSC 1493
Wardley v State of Western Australia (1992) 175 CLR 514; [1992] HCA 55

Category:

Costs

Parties:

Proceedings 2015/337145
Bendigo and Adelaide Bank Limited – Plaintiff
Benedetta Russo – First Defendant
Sid Russo – Second Defendant

  Proceedings 2015/337116
Bendigo and Adelaide Bank Limited – Plaintiff
Sid Russo – Defendant

Representation:

Counsel:

   

Proceedings 2015/337145
A. Zahra – Plaintiff
M. Rose – First Defendant
D. Cook SC – Second Defendant

 

Proceedings 2015/337116
A. Zahra – Plaintiff
D. Cook SC – Defendant

   

Solicitors:

 

Proceedings 2015/337145
Turks Legal – Plaintiff
Telemon Lawyers – First Defendant
Dettman Longworth Lawyers – Second Defendant

  Proceedings 2015/337116
Turks Legal – Plaintiff
Dettman Longworth Lawyers – Defendant

File Number(s):

2015/3371452015/337116

Publication restriction:

Nil

Judgment

1. In these proceedings I delivered judgment on 18 November 2016 ordering that the default judgment entered in each set of proceedings be set aside: Bendigo and Adelaide Bank Limited v Benedetta Russo and Sid Russo; Bendigo and Adelaide Bank Limited v Sid Russo (No. 1) [2016] NSWSC 1493. As will be evident, the plaintiff has brought two sets of proceedings. The first are proceedings No. 2015/337145 (“the 145 proceedings”) which names Benedetta Russo as the first defendant and Sid Russo as the second defendant. The second are proceedings No. 2015/337116 (“the 116 proceedings”) which names Sid Russo as the only defendant.

2. A notice of motion has now been filed by the plaintiff in each set of proceedings seeking the following orders:

1. An order pursuant to s. 64 of the Civil Procedure Act 2005 (NSW) that the plaintiff be granted leave to file and serve an amended statement of claim.

2. If leave is granted, orders providing for the time for filing and service of the amended statement of claim and defences to the amended statement of claim.

3. Costs against any party opposing or not consenting to the amendment application.

4. Such further or other orders as the court thinks fit.

3. In each case, the notice of motion is supported by an affidavit of James Richard Rowland of 27…