Moore v Devanjul Pty Ltd (No 3)

In the case of Moore v Devanjul Pty Ltd (No 3), the plaintiff sought various procedural orders, including the substitution of a party and amendment of the claim. Devanjul Pty Ltd and others sought to have the plaintiff's claim struck out, to join a party, and for various other orders. The court was tasked with deciding whether to permit the plaintiff to amend his claim and statement of claim, to substitute a party, and to grant judgment in default of appearance, as well as whether to strike out the plaintiff's claim and statement of claim, join a party, and grant various other orders sought by the defendants.

The court first considered the plaintiff's application to amend his claim and statement of claim, to substitute a party, and for judgment in default of appearance. The court held that the plaintiff was entitled to amend his claim and statement of claim to substitute the fifth defendant, but the application for judgment in default of appearance was dismissed. The court then considered the defendants' applications to strike out the plaintiff's claim and statement of claim, to join Robyn Gail Moore as a party, for injunctions, and for an order under r 389A UCPR. The court dismissed these applications and struck out the counterclaim brought against the plaintiff and Robyn Gail Moore. The court also ordered that a caveat be removed and set out detailed orders regarding the amendment of the claim and statement of claim, service of documents, and costs.

The final orders of the court included the removal of Devanjul Pty Ltd as a party, the substitution of Kailen Derek Berthelsen, in his capacity as the trustee of the Jadvek Berthelsen Family Trust, for the fifth defendant, the dismissal of the plaintiff's application for judgment in default of appearance, the striking out of the counterclaim, the removal of a caveat, and detailed orders regarding the amendment of the claim and statement of claim, service of documents, and costs. The court reserved the costs incurred by the plaintiff in respect of the application to substitute the fifth defendant to the trial judge and ordered the defendants to pay certain costs.