Southern Region SLSA Helicopter Rescue Service Pty Ltd v New South Wales Golf Club Co Ltd t/as New South Wales Golf Club [2021] NSWSC 1493

Southern Region SLSA Helicopter Rescue Service Pty Ltd v New South Wales Golf Club Co Ltd t/as New South Wales Golf Club [2021] NSWSC 1493

Leave to amend was granted in part: specifically, to amend paragraph C9(b)(ii) based on documentary evidence (the invoice to Landcom), but refused as to the National Trust allegation and the additional allegation of contributory negligence due to prejudice to the plaintiff and lateness of the amendments. Leave to serve further evidence was granted only in relation to specific, relevant, and responsive paragraphs of the affidavits, while inadmissible or irrelevant parts were refused.

Parties
Plaintiff/respondent: Southern Region SLSA Helicopter Rescue Service Pty Ltd; Defendant/applicant: New South Wales Golf Club Co Ltd trading as New South Wales Golf Club
Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Civil / Interlocutory Application – Ruling on Amendments and Further Evidence
Outcome
Proposed amendments to the List Response and further evidence allowed in part, otherwise refused.
Legal Topics
Amendment of Pleadings, Leave to Adduce Further Evidence, Amicus Curiae Procedures (technology and Construction List)
Civil Procedure Amendment of Pleadings Leave to Adduce Further Evidence Amicus Curiae Procedures (technology and Construction List)

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Parties

Southern Region SLSA Helicopter Rescue Service Pty Ltd

Plaintiff/respondent

New South Wales Golf Club Co Ltd trading as New South Wales Golf Club

Defendant/applicant

Procedural Posture

Civil / Interlocutory Application – Ruling on Amendments and Further Evidence

Legal Issues

  1. 1 Whether the defendant should be granted leave to amend the List Response under several clauses
  2. 2 Whether the defendant should be permitted to serve further evidence in the form of affidavits

Ratio Decidendi

Leave to amend was granted in part: specifically, to amend paragraph C9(b)(ii) based on documentary evidence (the invoice to Landcom), but refused as to the National Trust allegation and the additional allegation of contributory negligence due to prejudice to the plaintiff and lateness of the amendments. Leave to serve further evidence was granted only in relation to specific, relevant, and responsive paragraphs of the affidavits, while inadmissible or irrelevant parts were refused.

Court Disposition

Proposed amendments to the List Response and further evidence allowed in part, otherwise refused.

Orders

  • Parties to confer and agree on orders necessary to give effect to the reasons
  • Matter stood over for further directions