In the matter of Polish Club Limited [2019] NSWSC 708

In the matter of Polish Club Limited [2019] NSWSC 708

Leave to amend was granted in part; amendments relating to deletion of unpressed allegations and matters arising only recently (refinancing with FMC) were permitted because they were necessary for the just resolution of the proceedings, avoided multiplicity of proceedings, and would not affect the hearing date. However, amendments raising new issues about the use and disclosure of the Eclipse loan were refused as they were sought very late with no sufficient explanation and risked undermining the efficiency of the proceedings, given the case's length and prior court statements on finality.

Jurisdiction
Australia
Judgment Date
16 January 2019
Procedural Posture
Interlocutory Application in Ongoing Equity (corporations List) Proceedings / Application for Leave to Amend Statement of Claim Before Substantive Hearing
Outcome
Leave granted in part to file and serve a second further amended statement of claim; Plaintiffs to pay Defendants' costs thrown away.
Legal Topics
['pleadings Amendment' 'oppression' 'case Management' 'late Amendments']
['civil Procedure' 'corporations Law'] ['pleadings Amendment' 'oppression' 'case Management' 'late Amendments']

Case Brief

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Procedural Posture

Interlocutory Application in Ongoing Equity (corporations List) Proceedings / Application for Leave to Amend Statement of Claim Before Substantive Hearing

Legal Issues

  1. 1 ['Whether leave should be granted to file and serve a second further amended statement of claim where hearing dates have been allocated and some amendments raise new issues' 'Whether proposed amendments are necessary for the just resolution of the proceedings under ss 56-58, 64 Civil Procedure Act 2005 (NSW)' 'Whether delay in seeking amendments should preclude grant of leave']

Ratio Decidendi

Leave to amend was granted in part; amendments relating to deletion of unpressed allegations and matters arising only recently (refinancing with FMC) were permitted because they were necessary for the just resolution of the proceedings, avoided multiplicity of proceedings, and would not affect the hearing date. However, amendments raising new issues about the use and disclosure of the Eclipse loan were refused as they were sought very late with no sufficient explanation and risked undermining the efficiency of the proceedings, given the case's length and prior court statements on finality.

Court Disposition

Leave granted in part to file and serve a second further amended statement of claim; Plaintiffs to pay Defendants' costs thrown away.

Orders

  • ['Leave granted to the Plaintiffs to file and serve a Second Further Amended Statement of Claim with specified deletions and inclusions.' 'Leave refused for amendments relating to paragraphs 164-229 and certain other paragraphs relating to the Eclipse loan.' "Plaintiffs to pay the Defendants' costs incurred as a...