RHG Mortgage Securities Pty Limited & Ors v Elektra Purchase No. 19 Limited [2009] NSWSC 244

RHG Mortgage Securities Pty Limited & Ors v Elektra Purchase No. 19 Limited [2009] NSWSC 244

Leave to amend was refused except for paragraphs 10 and 11 because the proposed fourth amended commercial list statement would raise, for the first time, an additional issue about whether 'holds' in clause 14.30(b) extended to holding rights in respect of the Notes. That issue required consideration of a different factual matrix, including the parties' understanding of how HVB would hold its interest in the Notes and the legal characterisation of that interest. Since evidence had been completed and the defendant had prepared and conducted the hearing on the pleaded case, allowing the amendment would potentially prejudice the defendant by depriving it of the opportunity to lead evidence or...

Jurisdiction
Australia
Judgment Date
02 April 2009
Procedural Posture
Procedural Ruling in Equity Division Commercial List Proceeding / Plaintiffs' Application to Reopen Their Case to File and Serve a Fourth Amended Statement of Claim After Completion of Evidence
Outcome
Leave permitted in part.
Legal Topics
['leave to Reopen Case' 'leave to Amend Pleadings' 'prejudice After Completion of Evidence' 'factual Matrix for Contractual Construction' 'finality of Litigation']
['civil Procedure' 'commercial Litigation'] ['leave to Reopen Case' 'leave to Amend Pleadings' 'prejudice After Completion of Evidence' 'factual Matrix for Contractual Construction' 'finality of Litigation']

Case Brief

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Procedural Posture

Procedural Ruling in Equity Division Commercial List Proceeding / Plaintiffs' Application to Reopen Their Case to File and Serve a Fourth Amended Statement of Claim After Completion of Evidence

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted leave to reopen their case to file and serve a fourth amended statement of claim.' 'Whether the proposed amendments raised pure issues of law or would require consideration of a different factual matrix.' 'Whether the defendant would suffer prejudice if the proposed amendments were allowed after evidence had been completed.' 'Whether leave should be granted for proposed amendments to paragraphs 10 and 11 of the proposed fourth amended commercial list statement.']

Ratio Decidendi

Leave to amend was refused except for paragraphs 10 and 11 because the proposed fourth amended commercial list statement would raise, for the first time, an additional issue about whether 'holds' in clause 14.30(b) extended to holding rights in respect of the Notes. That issue required consideration of a different factual matrix, including the parties' understanding of how HVB would hold its interest in the Notes and the legal characterisation of that interest. Since evidence had been completed and the defendant had prepared and conducted the hearing on the pleaded case, allowing the amendment would potentially prejudice the defendant by depriving it of the opportunity to lead evidence or...

Court Disposition

Leave permitted in part.

Orders

  • ['Leave granted only for the making of the proposed amendment to paragraphs 10 and 11 of the proposed fourth amended commercial list statement.' 'The application for leave to amend was otherwise dismissed.']