Australian Development Corporation v Allco Steel [1999] NSWSC 757

Australian Development Corporation v Allco Steel [1999] NSWSC 757

It is appropriate to leave the determination of whether the new issues (involving the quantity of steel converted) can be raised to the trial judge. The first defendant is granted leave to file a notice of motion seeking leave to amend pleadings. Directions are given for the filing and service of affidavits and submissions so that relevant matters will be before the trial judge to determine at the commencement of the hearing.

Jurisdiction
Australia
Judgment Date
11 June 1999
Procedural Posture
Civil / Interlocutory (directions and Leave to Amend Pleadings Prior to Final Hearing on Assessment of Damages)
Outcome
Interlocutory orders made - leave granted to bring motion to amend pleadings; directions for affidavits and submissions; costs of motions reserved.
Legal Topics
['amendment of Pleadings' 'assessment of Damages' 'conversion' 'directions Before Trial']
['practice and Procedure' 'equity' 'commercial Law'] ['amendment of Pleadings' 'assessment of Damages' 'conversion' 'directions Before Trial']

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

Procedural Posture

Civil / Interlocutory (directions and Leave to Amend Pleadings Prior to Final Hearing on Assessment of Damages)

Legal Issues

  1. 1 ['Whether the first defendant should be granted leave to amend its defence and/or propound a cross claim to put in issue the quantity of steel converted' 'Whether the first defendant is entitled to adduce new evidence as to quantity of steel converted contrary to earlier declarations/orders' 'Whether the issues sought to be raised should be determined prior to hearing or left to trial judge']

Ratio Decidendi

It is appropriate to leave the determination of whether the new issues (involving the quantity of steel converted) can be raised to the trial judge. The first defendant is granted leave to file a notice of motion seeking leave to amend pleadings. Directions are given for the filing and service of affidavits and submissions so that relevant matters will be before the trial judge to determine at the commencement of the hearing.

Court Disposition

Interlocutory orders made - leave granted to bring motion to amend pleadings; directions for affidavits and submissions; costs of motions reserved.

Orders

  • ['Grant of leave to the first defendant to file and serve a notice of motion seeking leave to amend its defence and/or propound a cross claim, returnable before the trial judge at 10 am on 12 July 1999.' 'All supporting affidavits to be served by 18 June 1999; affidavits in answer by 7 July 1999.' "Defendants to...