Cenric Group Pty Ltd v AIG Australia Ltd [2020] NSWSC 624

Cenric Group Pty Ltd v AIG Australia Ltd [2020] NSWSC 624

Leave was granted because the proposed amendments were justified by the need to cure deficiencies in AIG's Commercial List Response, largely by restating with greater specificity and as contentions matters already raised in a rolled up form, and because Cenric did not establish that it could not meet the case now articulated. Although the delay and explanation were unsatisfactory, no sufficient prejudice was identified; the late evidence was also permitted, with costs consequences for AIG.

Jurisdiction
Australia
Judgment Date
25 May 2020
Procedural Posture
Equity Commercial List; Application to Amend Commercial List Response / Amended Notice of Motion Determined on the Papers Before Listed Hearing
Outcome
Defendant granted leave to amend its Commercial List Response and to rely on two affidavits, with costs orders.
Legal Topics
['amendment of Commercial List Response' 'late Service of Evidence' 'leave to Rely on Affidavits' 'costs Thrown Away']
['practice and Procedure' 'insurance'] ['amendment of Commercial List Response' 'late Service of Evidence' 'leave to Rely on Affidavits' 'costs Thrown Away']

Case Brief

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Procedural Posture

Equity Commercial List; Application to Amend Commercial List Response / Amended Notice of Motion Determined on the Papers Before Listed Hearing

Legal Issues

  1. 1 ['Whether AIG should be granted leave to amend its Commercial List Response before the July hearing.' 'Whether AIG should be granted leave to rely on affidavits served otherwise than in accordance with directions.' 'Whether the delay in seeking amendment was justified and explained.' 'Whether Cenric could meet the case articulated by the proposed amended Response.']

Ratio Decidendi

Leave was granted because the proposed amendments were justified by the need to cure deficiencies in AIG's Commercial List Response, largely by restating with greater specificity and as contentions matters already raised in a rolled up form, and because Cenric did not establish that it could not meet the case now articulated. Although the delay and explanation were unsatisfactory, no sufficient prejudice was identified; the late evidence was also permitted, with costs consequences for AIG.

Court Disposition

Defendant granted leave to amend its Commercial List Response and to rely on two affidavits, with costs orders.

Orders

  • ['Grant leave to the defendant to file a Second Further Amended Commercial List Response in the form marked "B" sent to my associate by email at 3.43pm on 20 May 2020.' 'Grant leave to the defendant to rely on the affidavits of Simon Brett Marr made 4 May 2020 and Stephanie Doherty made 6 May 2020.' "Order that the...