Pritchard v Fryer (No 2) [2020] NSWSC 344

Pritchard v Fryer (No 2) [2020] NSWSC 344

The Court fixed the amount to be paid by Mr Pritchard as a condition of leave to amend his Statement of Cross-Claim at $30,000, considering limited evidence of actual costs but acknowledging likely assessment will exceed $30,000. No additional order regarding alleged interference with sale of assets was made due to lack of evidence.

Parties
Cross Claimant: Andrew Ronald Pritchard; First Cross Defendant: Gregory Robert Fryer; Second Cross Defendant: Phillip Gregory Sharrock
Jurisdiction
Australia
Judgment Date
01 April 2020
Procedural Posture
Civil / Post Judgment Orders
Outcome
Pritchard Motions dismissed, costs orders made, parts of Cross-Claim struck out, leave granted to amend subject to payments, no additional orders regarding alleged interference.
Legal Topics
Orders of Judgment, Quantum of Payment, Amendment of Pleadings, Costs
Civil Procedure Orders of Judgment Quantum of Payment Amendment of Pleadings Costs

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Parties

Andrew Ronald Pritchard

Cross Claimant

Gregory Robert Fryer

First Cross Defendant

Phillip Gregory Sharrock

Second Cross Defendant

Procedural Posture

Civil / Post Judgment Orders

Legal Issues

  1. 1 Quantum of payment as condition for leave to amend
  2. 2 Whether additional orders should be made regarding alleged interference with sale of assets

Ratio Decidendi

The Court fixed the amount to be paid by Mr Pritchard as a condition of leave to amend his Statement of Cross-Claim at $30,000, considering limited evidence of actual costs but acknowledging likely assessment will exceed $30,000. No additional order regarding alleged interference with sale of assets was made due to lack of evidence.

Court Disposition

Pritchard Motions dismissed, costs orders made, parts of Cross-Claim struck out, leave granted to amend subject to payments, no additional orders regarding alleged interference.

Orders

  • The Notices of Motion filed by Mr Pritchard on 9 April 2019, 9 August 2019, 21 February 2020 and 2 March 2020 be dismissed.
  • Mr Pritchard to pay Mr Fryer's costs as agreed in sum of $511.00.