Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd (No 2) [2023] NSWSC 141

Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd (No 2) [2023] NSWSC 141

The application to amend and join an additional defendant was made unjustifiably late, after the matter was ready to be set for hearing, and would cause unjustifiable unfairness to the existing defendants by delaying final resolution; essential facts justifying the proposed claim were known much earlier to the applicants.

Parties
First Plaintiff: Reliance Financial Services Pty Ltd; Second Plaintiff: Nancy Morvillo; Third Plaintiff: Marginata Securities Pty Ltd; Fourth Plaintiff: Accolade Advisory Pty Ltd; First Defendant: Antalija Developments No 4 Pty Ltd; Second Defendant: Antalija Constructions Pty Ltd; Third Defendant: Dennis Katavic; Fourth Defendant: Jocelyn Katavic; Fifth Defendant: Sue Price-Arcidiacono; Sixth Defendant: Westpac Banking Corporation; Seventh Defendant: Commissioner for Australian Capital Territory Revenue; Eighth Defendant: Altair Investments Pty Ltd; Ninth Defendant: Xi He
Jurisdiction
Australia
Judgment Date
27 February 2023
Procedural Posture
Notice of Motion—application for Leave to Amend Pleadings and Join Defendant / Decision on Interlocutory Application; Post Mediation, Pre Hearing of Separate Question
Outcome
Plaintiffs' motion to amend pleadings and join Mr Gulan as defendant dismissed; adverse costs order
Legal Topics
Pleadings, Amendment of Pleadings, Joinder of Parties, Fiduciary Duties, Mortgagee Sale—surplus Distribution
Civil Procedure Equity Pleadings Amendment of Pleadings Joinder of Parties Fiduciary Duties Mortgagee Sale—surplus Distribution

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Reliance Financial Services Pty Ltd

First Plaintiff

Nancy Morvillo

Second Plaintiff

Marginata Securities Pty Ltd

Third Plaintiff

Accolade Advisory Pty Ltd

Fourth Plaintiff

Antalija Developments No 4 Pty Ltd

First Defendant

Antalija Constructions Pty Ltd

Second Defendant

Dennis Katavic

Third Defendant

Jocelyn Katavic

Fourth Defendant

Sue Price-Arcidiacono

Fifth Defendant

Westpac Banking Corporation

Sixth Defendant

Commissioner for Australian Capital Territory Revenue

Seventh Defendant

Altair Investments Pty Ltd

Eighth Defendant

Xi He

Ninth Defendant

Procedural Posture

Notice of Motion—application for Leave to Amend Pleadings and Join Defendant / Decision on Interlocutory Application; Post Mediation, Pre Hearing of Separate Question

Legal Issues

  1. 1 Whether to grant leave to the plaintiffs to amend the statement of claim and join Mr Gulan as the tenth defendant
  2. 2 Timeliness and justification for the late amendment and joinder
  3. 3 Whether allowing the amendment would cause unfairness or prejudice to existing defendants

Ratio Decidendi

The application to amend and join an additional defendant was made unjustifiably late, after the matter was ready to be set for hearing, and would cause unjustifiable unfairness to the existing defendants by delaying final resolution; essential facts justifying the proposed claim were known much earlier to the applicants.

Court Disposition

Plaintiffs' motion to amend pleadings and join Mr Gulan as defendant dismissed; adverse costs order

Orders

  • The plaintiffs' notice of motion filed on 8 April 2022 is dismissed.
  • The plaintiffs must pay the eighth and ninth defendants' costs as respondents to the notice of motion.