Kyriacou v Makis (No 3) [2023] NSWSC 1098

Kyriacou v Makis (No 3) [2023] NSWSC 1098

Leave to amend the cross claim is only granted for amendments previously allowed by Black J; all other substantial amendments sought by Ms Makis are refused due to inadequacies in pleading, lack of material facts, and absence of justification to depart from previous rulings. The proposed amendments suffer from the same deficiencies as before and do not satisfy the requirements for proper pleading or procedural fairness.

Jurisdiction
Australia
Judgment Date
14 September 2023
Procedural Posture
Civil / Interlocutory Application for Leave to Amend Cross Claim
Outcome
Leave granted to file limited amendments allowed by Black J; leave refused for all other proposed amendments.
Legal Topics
['amendment of Pleadings' 'leave to Amend' 'interlocutory Applications' 'partnership Disputes' 'procedural Fairness']
['equity' 'civil Procedure'] ['amendment of Pleadings' 'leave to Amend' 'interlocutory Applications' 'partnership Disputes' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Application for Leave to Amend Cross Claim

Legal Issues

  1. 1 ['Whether leave should be granted to the first defendant to amend her cross claim' 'Whether proposed amendments cure deficiencies identified previously' 'Principles to be applied in successive interlocutory applications for amendment' 'Adequacy of pleadings in proposed amendment' 'Procedural fairness for opposing party']

Ratio Decidendi

Leave to amend the cross claim is only granted for amendments previously allowed by Black J; all other substantial amendments sought by Ms Makis are refused due to inadequacies in pleading, lack of material facts, and absence of justification to depart from previous rulings. The proposed amendments suffer from the same deficiencies as before and do not satisfy the requirements for proper pleading or procedural fairness.

Court Disposition

Leave granted to file limited amendments allowed by Black J; leave refused for all other proposed amendments.

Orders

  • ['Ms Makis granted leave to make amendments previously allowed by Black J to her cross claim.' 'Leave refused for all other amendments sought in the notice of motion 31 July 2023 to the cross claim.' 'Parties directed to provide short minutes of order within 14 days of judgment.' 'Parties may deliver submissions on...