Michalopoulos v Perpetual Trustees Victoria Limited & Ors (No. 3) [2011] NSWSC 494

Michalopoulos v Perpetual Trustees Victoria Limited & Ors (No. 3) [2011] NSWSC 494

The interests of justice do not permit recall of part of the judgment or consideration of the proportionate liability defence because Permanent prepared and ran its case in reliance on the filed pleadings. Prejudice to Permanent could not be adequately cured, and it would not be practicable or fair to reopen the proceedings for new pleadings or evidence at this stage.

Jurisdiction
Australia
Judgment Date
27 May 2011
Procedural Posture
Notice of Motion in Civil Proceedings / Post Trial, Pre Entry of Final Orders
Outcome
Notice of motion dismissed
Legal Topics
['judgment and Orders' 'amended Pleadings' 'proportionate Liability' 'prejudice' 'interests of Justice']
['practice and Procedure'] ['judgment and Orders' 'amended Pleadings' 'proportionate Liability' 'prejudice' 'interests of Justice']

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Procedural Posture

Notice of Motion in Civil Proceedings / Post Trial, Pre Entry of Final Orders

Legal Issues

  1. 1 ['Whether The Mortgage Group should be granted leave to file an amended defence raising proportionate liability after the trial has concluded' 'Whether judgment should be delayed to allow determination of that amended defence']

Ratio Decidendi

The interests of justice do not permit recall of part of the judgment or consideration of the proportionate liability defence because Permanent prepared and ran its case in reliance on the filed pleadings. Prejudice to Permanent could not be adequately cured, and it would not be practicable or fair to reopen the proceedings for new pleadings or evidence at this stage.

Court Disposition

Notice of motion dismissed

Orders

  • ["The Mortgage Group's notice of motion filed on 9 February 2011 is dismissed." 'Proceedings stood over for hearing on costs and for Permanent to present short minutes of order, including calculation of judgment amounts against The Mortgage Group and on its cross-claim against James Michalopoulos.']