Coogan & Anor v Southern Publishers Pty Limited [1999] NSWSC 489

Coogan & Anor v Southern Publishers Pty Limited [1999] NSWSC 489

The court declined to vacate the hearing date, finding any prejudice from late discovery was not insurmountable and could be remedied by granting liberty to apply and facilitating expert opinions. The court granted leave to amend the cross-defence to plead s 10 Fair Trading Act 1987, but ordered the cross-defendant to pay the costs occasioned by the lateness and required provision of full particulars and timely compliance with case management directions.

Parties
First Plaintiff: Justin John Coogan; Second Plaintiff: Guy Peter Warren; Defendant/cross Claimant: Southern Publishers Pty Limited; Cross Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
21 May 1999
Procedural Posture
Civil / Interlocutory Application (adjournment and Amendment of Pleadings)
Outcome
Interlocutory applications granted in part; leave to amend pleadings and directions made; hearing date maintained; costs ordered as specified.
Legal Topics
Adjournment Application, Late Discovery, Special Damages, Amendment of Cross Claim, S 10 Fair Trading Act 1987
Defamation Procedure Adjournment Application Late Discovery Special Damages Amendment of Cross Claim S 10 Fair Trading Act 1987

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Parties

Justin John Coogan

First Plaintiff

Guy Peter Warren

Second Plaintiff

Southern Publishers Pty Limited

Defendant/cross Claimant

State of New South Wales

Cross Defendant

Procedural Posture

Civil / Interlocutory Application (adjournment and Amendment of Pleadings)

Legal Issues

  1. 1 Whether the hearing date should be vacated due to plaintiffs' late discovery
  2. 2 Whether the cross-defendant should be granted leave to amend cross-defence to plead s 10 Fair Trading Act 1987
  3. 3 Whether the consequential amendments to defences and procedural steps should be allowed

Ratio Decidendi

The court declined to vacate the hearing date, finding any prejudice from late discovery was not insurmountable and could be remedied by granting liberty to apply and facilitating expert opinions. The court granted leave to amend the cross-defence to plead s 10 Fair Trading Act 1987, but ordered the cross-defendant to pay the costs occasioned by the lateness and required provision of full particulars and timely compliance with case management directions.

Court Disposition

Interlocutory applications granted in part; leave to amend pleadings and directions made; hearing date maintained; costs ordered as specified.

Orders

  • Hearing date not vacated; trial to proceed as fixed.
  • Leave granted to cross-defendant to file amended cross-defence under s 10 Fair Trading Act 1987 by 24 May 1999, with additional particulars to be supplied.