Bastas v Hodes [2009] NSWSC 968

Bastas v Hodes [2009] NSWSC 968

The amendments to expand the list of entities and to bifurcate the hearing were refused due to lack of explanation for delay, prejudice to the defendant, and the current approach to case management principles articulated in Aon. Amendment to remove loss of profits claim was allowed.

Parties
First Plaintiff: Elias Bastas; Second Plaintiff: David Millard Lawson; Third Plaintiff: David Rooney; Defendant: John Edward Hodes
Jurisdiction
Australia
Judgment Date
14 September 2009
Procedural Posture
Miscellaneous Procedural Matters / Application to Amend Statement of Claim at Commencement of Trial
Outcome
Application refused in part, allowed in part
Legal Topics
Amendments to Pleadings, Case Management, Adjournments, Bifurcation of Hearings, Prejudice, Delay
Civil Procedure Amendments to Pleadings Case Management Adjournments Bifurcation of Hearings Prejudice Delay

Case Brief

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Parties

Elias Bastas

First Plaintiff

David Millard Lawson

Second Plaintiff

David Rooney

Third Plaintiff

John Edward Hodes

Defendant

Procedural Posture

Miscellaneous Procedural Matters / Application to Amend Statement of Claim at Commencement of Trial

Legal Issues

  1. 1 Whether to permit plaintiff to amend statement of claim to expand number of entities allegedly solicited by defendant
  2. 2 Whether to allow bifurcation of hearing into liability and damages phases
  3. 3 Whether to permit withdrawal of loss of profits claim

Ratio Decidendi

The amendments to expand the list of entities and to bifurcate the hearing were refused due to lack of explanation for delay, prejudice to the defendant, and the current approach to case management principles articulated in Aon. Amendment to remove loss of profits claim was allowed.

Court Disposition

Application refused in part, allowed in part

Orders

  • Amendments to expand entities in para 32(g) of the statement of claim refused
  • Amendment to add bifurcation of hearing refused