NSW Amended Pleadings

[Jaywoo220]

Do they have to be the same numbered paragraghs as the orginal statement of claim or can you just use fresh numbers. A lost of the original SOC paragrapghs are being struckthrough and having difficulty aligning old and new.

Hope that makes sense.

 

[Rod]

Do they have to be the same numbered paragraphs as the original statement of claim

No. As long as the changes are readily distinguishable (ie use of strikeout text) you are OK.

Never ever just delete.

 

[Jaywoo220]

Okay cool Thanks Rod. A solicitor was supposed to fix amendments by 3rd, and then he did not do it on time due to other matters, and just left me with an utter mess.

One more question, for example, if you strike out paragrapghs 7-15 of the SOC, should the new added underlined paragrapgh with additions be numbered 7 or 16?

I hope tha makes sense.

 

[Rod]

Yes. The amended SOC should have consequence numbers. The deleted paragraphs are only important for seeing changes, and costs later.

 

[Jaywoo220]

Okay so 7 thanks.

 

[Jaywoo220]

Is this right Rod? Thanks in advance.

7. The plaintiff was owed a debt by the defendant. (Strikethrough - struck out)

8. The defendant refused to pay. (Strikethrough - struck out)

7. The plaintiff was owed a debt of $10,000 plus by the defendant Axis Industties. (Underline - added)

 

[Jaywoo220]

Can anyone help with this?

Thanks.

 

[Rod]

yes, format is correct.

 

[Jaywoo220]

Can I aldo do ?

7. The plaintiff was owed a debt by the defendant. (Strikethrough - struck out)

8. The defendant refused to pay. (Strikethrough - struck out)

9. The plaintiff was owed a debt of $10,000 plus by the defendant Axis Industties. (Underline - added

This way seems easier?

 

[Rod]

No. 7 and 8 are strikeouts and no longer part of the pleadings.