In the matter of Nanevski Developments Pty Limited [2019] NSWSC 1204

In the matter of Nanevski Developments Pty Limited [2019] NSWSC 1204

Given the annexures to the affidavits, the plaintiff can raise defects apparent on the face of the documents, and the amendment should be allowed as no irreparable prejudice is caused to the defendant that cannot be addressed by a costs order.

Parties
Plaintiff: Nanevski Developments Pty Limited; Defendant: Mega Top Cargo Pty Limited
Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Originating Process to Set Aside Statutory Demand / Interlocutory Application for Leave to Amend
Outcome
Leave to amend granted
Legal Topics
Amendment of Originating Process, Statutory Demands, Graywinter Principle, Defects in Statutory Demand
Equity Corporations Law Civil Procedure Amendment of Originating Process Statutory Demands Graywinter Principle Defects in Statutory Demand

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Parties

Nanevski Developments Pty Limited

Plaintiff

Mega Top Cargo Pty Limited

Defendant

Procedural Posture

Originating Process to Set Aside Statutory Demand / Interlocutory Application for Leave to Amend

Legal Issues

  1. 1 Whether leave should be given to amend the originating process to raise new grounds for setting aside the statutory demand
  2. 2 Whether the plaintiff is precluded by the Graywinter principle from advancing new grounds not set out in affidavits filed within 21 days

Ratio Decidendi

Given the annexures to the affidavits, the plaintiff can raise defects apparent on the face of the documents, and the amendment should be allowed as no irreparable prejudice is caused to the defendant that cannot be addressed by a costs order.

Court Disposition

Leave to amend granted

Orders

  • Grant leave to the plaintiff to file in court an amended originating process.
  • Order the plaintiff to pay any costs thrown away by the defendant by reason of the amendment.