Australian Retirement Group Pty Ltd v The Commonwealth Bank of Australia Ltd (No 2) [2022] NSWSC 439

Australian Retirement Group Pty Ltd v The Commonwealth Bank of Australia Ltd (No 2) [2022] NSWSC 439

Leave to amend is refused as the proposed amendments are bad in form, not properly pleaded, raised at an unjustifiably late stage, would introduce a completely new and expansive area of factual inquiry, and no adequate explanation for the timing has been provided.

Parties
First Plaintiff/applicant: Australian Retirement Group Pty Ltd; Second Plaintiff/applicant: Peter Gower Walsh; Defendant/respondent: The Commonwealth Bank of Australia Limited
Jurisdiction
Australia
Judgment Date
08 April 2022
Procedural Posture
Representative Proceedings Under Pt 10 of the Civil Procedure Act 2005 (nsw) / Interlocutory Application for Leave to Amend Pleadings
Outcome
Plaintiffs' Notice of Motion dismissed with costs
Legal Topics
Leave to Amend Pleadings, Late Amendment, Form of Pleadings, Non Prudential Lending, Banking Code, Unconscionable Conduct
Practice and Procedure Civil Procedure Equity Leave to Amend Pleadings Late Amendment Form of Pleadings Non Prudential Lending Banking Code +1 more

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Parties

Australian Retirement Group Pty Ltd

First Plaintiff/applicant

Peter Gower Walsh

Second Plaintiff/applicant

The Commonwealth Bank of Australia Limited

Defendant/respondent

Procedural Posture

Representative Proceedings Under Pt 10 of the Civil Procedure Act 2005 (nsw) / Interlocutory Application for Leave to Amend Pleadings

Legal Issues

  1. 1 Whether leave should be granted for proposed amendments to pleadings at a late stage of proceedings
  2. 2 Whether the proposed amendments are properly pleaded
  3. 3 Whether allowing the amendment would unjustly open a new area of inquiry

Ratio Decidendi

Leave to amend is refused as the proposed amendments are bad in form, not properly pleaded, raised at an unjustifiably late stage, would introduce a completely new and expansive area of factual inquiry, and no adequate explanation for the timing has been provided.

Court Disposition

Plaintiffs' Notice of Motion dismissed with costs

Orders

  • Plaintiffs' Notice of Motion of 26 February 2022 is dismissed with costs.