A.T.B. Morton Pty Ltd v Community Association DP270447 [2017] NSWLEC 162

A.T.B. Morton Pty Ltd v Community Association DP270447 [2017] NSWLEC 162

The applicant is permitted to rely on MFI 4 as the proposed changes are relatively minor clarifications that do not cause significant prejudice or require major additional preparation by the respondent. However, MFI 5 raises more substantial new matters, with no sufficient explanation for delay, and would cause unacceptable prejudice to the respondent; thus, its tender is refused.

Parties
Applicant: A.T.B. Morton Pty Ltd; Respondent: Community Association DP270447
Jurisdiction
Australia
Judgment Date
22 November 2017
Procedural Posture
Application to Vary Terms of Easement (class 3) / Interlocutory Decision on Tender of Late Material
Outcome
Application partially granted
Legal Topics
Amendment of Pleadings, Easements, Late Evidence, Compliance With Court Orders
Civil Procedure Property Law Amendment of Pleadings Easements Late Evidence Compliance With Court Orders

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A.T.B. Morton Pty Ltd

Applicant

Community Association DP270447

Respondent

Procedural Posture

Application to Vary Terms of Easement (class 3) / Interlocutory Decision on Tender of Late Material

Legal Issues

  1. 1 Whether the Court should allow the applicant to tender further amended documents out of time
  2. 2 Whether the late tender would prejudice the respondent
  3. 3 Whether the amendments are significant

Ratio Decidendi

The applicant is permitted to rely on MFI 4 as the proposed changes are relatively minor clarifications that do not cause significant prejudice or require major additional preparation by the respondent. However, MFI 5 raises more substantial new matters, with no sufficient explanation for delay, and would cause unacceptable prejudice to the respondent; thus, its tender is refused.

Court Disposition

Application partially granted

Orders

  • The applicant is granted leave to rely on the documents previously marked by the Court as MFI 4.
  • The Notice of Motion is otherwise dismissed.