Lease Collateral Pty Ltd v Johnson [2018] NSWSC 1157

Lease Collateral Pty Ltd v Johnson [2018] NSWSC 1157

Leave to amend was granted as the amendments clarified the case against the Helmsman companies and no irreparable prejudice was shown; further discovery was ordered with a cut-off date of 31 December 2014 to balance relevance and burden; the remaining disputed subpoena was set aside for lack of sufficient justification.

Jurisdiction
Australia
Judgment Date
26 July 2018
Procedural Posture
Civil (equity, Commercial List) / Interlocutory Applications for Amendment, Discovery, and Subpoenas
Outcome
Leave to amend granted; further discovery ordered; remaining subpoena set aside; costs orders made as set out in judgment.
Legal Topics
['amendment of Pleadings' 'discovery' 'subpoenas' 'misleading or Deceptive Conduct']
['civil Procedure'] ['amendment of Pleadings' 'discovery' 'subpoenas' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Civil (equity, Commercial List) / Interlocutory Applications for Amendment, Discovery, and Subpoenas

Legal Issues

  1. 1 ['Whether leave to amend the further amended commercial list statement should be granted' 'Whether further discovery should be ordered and the relevant time period for discovery' 'Whether a subpoena issued to Recfin Nominees Pty Ltd should be set aside']

Ratio Decidendi

Leave to amend was granted as the amendments clarified the case against the Helmsman companies and no irreparable prejudice was shown; further discovery was ordered with a cut-off date of 31 December 2014 to balance relevance and burden; the remaining disputed subpoena was set aside for lack of sufficient justification.

Court Disposition

Leave to amend granted; further discovery ordered; remaining subpoena set aside; costs orders made as set out in judgment.

Orders

  • ['Leave to amend the further amended commercial list statement granted.' 'Further discovery ordered with cut-off date of 31 December 2014.' 'Remaining contested subpoena to Recfin set aside.' "Plaintiff to pay defendants' costs of the application for leave to amend and costs thrown away by the amendment." 'Costs of...