AMP Crossroads Pty Limited v Homewares Depot Pty Limited [2010] NSWSC 657

AMP Crossroads Pty Limited v Homewares Depot Pty Limited [2010] NSWSC 657

Leave to file a third amended defence is granted, subject to rejection of specific paragraphs that are conceptually unsound or otherwise objectionable, so as to confine the defendants to material substance of their case and facilitate progress of proceedings.

Parties
Plaintiff/respondent: AMP Crossroads Pty Limited; First Defendant/applicant: Homewares Depot Pty Limited; Second Defendant/applicant: Craig Kelly; Plaintiff/respondent: Norton Rose
Jurisdiction
Australia
Judgment Date
17 June 2010
Procedural Posture
Application for Leave to Amend Defence / Interlocutory
Outcome
Leave partly granted to file third amended defence; directions made for revised defence and cross-claim; costs in the cause.
Legal Topics
Pleading, Amendment of Defence, Landlord and Tenant, Misleading Conduct, Trade Practices, Unconscionable Conduct, Contracts Review
Equity Civil Procedure Pleading Amendment of Defence Landlord and Tenant Misleading Conduct Trade Practices Unconscionable Conduct +1 more

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Parties

AMP Crossroads Pty Limited

Plaintiff/respondent

Homewares Depot Pty Limited

First Defendant/applicant

Craig Kelly

Second Defendant/applicant

Norton Rose

Plaintiff/respondent

Procedural Posture

Application for Leave to Amend Defence / Interlocutory

Legal Issues

  1. 1 Whether leave should be granted to file a third amended defence
  2. 2 Extent to which self-represented litigants' pleadings should be scrutinised for precision
  3. 3 Appropriateness of the proposed amendments and exclusions

Ratio Decidendi

Leave to file a third amended defence is granted, subject to rejection of specific paragraphs that are conceptually unsound or otherwise objectionable, so as to confine the defendants to material substance of their case and facilitate progress of proceedings.

Court Disposition

Leave partly granted to file third amended defence; directions made for revised defence and cross-claim; costs in the cause.

Orders

  • Leave to file a third amended defence in attached form except specific paragraphs listed.
  • By 6 July 2010, first and second defendants to file and serve revised defence in accordance with reasons.