David Richard Hawes -v- Trevor Laurence Dean [2012] NSWSC 535

David Richard Hawes -v- Trevor Laurence Dean [2012] NSWSC 535

Although the amendment was sought very late and would require an adjournment, the substantial amount involved in the relevant claim and the making of indemnity costs orders meant that justice dictated granting leave to amend, vacating the hearing and relisting it later.

Jurisdiction
Australia
Judgment Date
07 February 2012
Procedural Posture
Corporations List Proceedings Involving Leave Under S 227(1) of the Corporations Act 2001 (cth), Winding Up Applications and Cross Claims / Application by Cross Defendants for Leave to Amend Defence on the Morning of the Hearing
Outcome
Leave to amend granted; hearing vacated and adjourned; indemnity costs ordered against the cross-defendants.
Legal Topics
['amendment of Pleadings' 'adjournment' 'indemnity Costs' 'cross Claims' 'winding Up' 'leave to Bring Proceedings on Behalf of Corporate Entities']
['practice and Procedure' 'corporations'] ['amendment of Pleadings' 'adjournment' 'indemnity Costs' 'cross Claims' 'winding Up' 'leave to Bring Proceedings on Behalf of Corporate Entities']

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Procedural Posture

Corporations List Proceedings Involving Leave Under S 227(1) of the Corporations Act 2001 (cth), Winding Up Applications and Cross Claims / Application by Cross Defendants for Leave to Amend Defence on the Morning of the Hearing

Legal Issues

  1. 1 ["Whether the cross-defendants should be granted leave to amend their defence to plead that Warr's indebtedness was discharged by agreement on 28 March 2007." 'Whether the late amendment would require the hearing to be adjourned.' 'What costs order should be made if leave to amend were granted and the hearing adjourned.']

Ratio Decidendi

Although the amendment was sought very late and would require an adjournment, the substantial amount involved in the relevant claim and the making of indemnity costs orders meant that justice dictated granting leave to amend, vacating the hearing and relisting it later.

Court Disposition

Leave to amend granted; hearing vacated and adjourned; indemnity costs ordered against the cross-defendants.

Orders

  • ["Leave granted to the cross-defendants to amend their defence to the cross-claim to plead the defence that Warr's indebtedness was discharged by agreement on 28 March 2007." 'The hearing was vacated and was to be set down later in the year.' "The cross-defendants are to pay the cross-claimants' costs thrown away by...