Bank of Queensland v Awad [2015] NSWSC 381

Bank of Queensland v Awad [2015] NSWSC 381

Given the importance of the proposed amendment to the bank's defence and the self-represented status of the defendants, as well as time constraints for preparation and obtaining legal advice, leave should be granted to amend the defence, the hearing date should be vacated, and procedural orders made to allow reply and rescheduling of the hearing.

Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Civil / Interlocutory
Outcome
Leave granted to amend defence; hearing vacated; directions for reply and costs; new hearing date to be allocated
Legal Topics
['application to Amend Defence' 'application to Vacate Hearing Date' 'case Management']
['civil Procedure'] ['application to Amend Defence' 'application to Vacate Hearing Date' 'case Management']

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Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 ['Whether leave should be granted to amend defence to the cross claim' 'Whether the scheduled hearing date should be vacated' 'Whether costs should be paid due to amendment']

Ratio Decidendi

Given the importance of the proposed amendment to the bank's defence and the self-represented status of the defendants, as well as time constraints for preparation and obtaining legal advice, leave should be granted to amend the defence, the hearing date should be vacated, and procedural orders made to allow reply and rescheduling of the hearing.

Court Disposition

Leave granted to amend defence; hearing vacated; directions for reply and costs; new hearing date to be allocated

Orders

  • ['Plaintiff/cross defendant is granted leave to file and serve an amended defence to the cross claim in the form marked A by no later than 9 April 2015' 'Defendants/cross claimants are to file and serve any reply to the amended defence to the cross claim strictly only in relation to the amendments made pursuant to...