Airport City Hotels Services Pty Ltd v Grand National Concierge Pty Ltd [2014] NSWDC 168

Airport City Hotels Services Pty Ltd v Grand National Concierge Pty Ltd [2014] NSWDC 168

Although National Concierge gave little explanation for not pleading the advertising agreement defence earlier, leave to amend was granted because evidence already before the Court indicated an arguable entitlement under the advertising agreements and the amendment would allow related issues to be resolved in the one proceeding; fairness required Sydney Shuttle to have an opportunity to lead evidence on performance of those agreements and National Concierge to pay costs thrown away by the late application.

Jurisdiction
Australia
Judgment Date
08 October 2014
Procedural Posture
Civil Proceeding Concerning Service Agreement and Cross Claim / Interlocutory Application to Amend Defence at Commencement of Submissions in Reply
Outcome
Leave granted to the defendant to file the amended defence; defendant ordered to pay costs thrown away; matter stood over for further submissions and orders or directions concerning the advertising agreement defence.
Legal Topics
['pleadings' 'amendment of Defence' 'advertising Agreements' 'service Agreement' 'costs Thrown Away']
['civil Procedure' 'contract Law'] ['pleadings' 'amendment of Defence' 'advertising Agreements' 'service Agreement' 'costs Thrown Away']

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Procedural Posture

Civil Proceeding Concerning Service Agreement and Cross Claim / Interlocutory Application to Amend Defence at Commencement of Submissions in Reply

Legal Issues

  1. 1 ['Whether the defendant should be granted leave to amend its defence late in the trial to rely on advertising agreements with the plaintiff.' 'Whether the plaintiff should have an opportunity to lead evidence about whether the defendant fulfilled its obligations under the advertising agreements.' 'How the unresolved advertising agreement issue should be managed procedurally.']

Ratio Decidendi

Although National Concierge gave little explanation for not pleading the advertising agreement defence earlier, leave to amend was granted because evidence already before the Court indicated an arguable entitlement under the advertising agreements and the amendment would allow related issues to be resolved in the one proceeding; fairness required Sydney Shuttle to have an opportunity to lead evidence on performance of those agreements and National Concierge to pay costs thrown away by the late application.

Court Disposition

Leave granted to the defendant to file the amended defence; defendant ordered to pay costs thrown away; matter stood over for further submissions and orders or directions concerning the advertising agreement defence.

Orders

  • ['Leave granted to the defendant to file the amended defence in the form tendered.' 'Defendant to pay any costs thrown away by reason of the late application, including the costs of the application to amend.' 'Note that the matter is stood over to 2pm on Thursday, 9 October 2014 for conclusion of submissions, and...