Kyabram Property Investments Pty Limited and Anor v Murray and Anor; Murray v Duddy [2003] NSWSC 286

Kyabram Property Investments Pty Limited and Anor v Murray and Anor; Murray v Duddy [2003] NSWSC 286

Adjournment should be granted and leave given to amend pleadings as the new defence is fairly arguable under the Contracts Review Act and relevant case law, and justice requires the defence be heard. Costs thrown away should be paid to other parties as a result of the adjournment, but not forthwith before the conclusion of proceedings.

Jurisdiction
Australia
Judgment Date
08 April 2003
Procedural Posture
Civil / Pre Trial / Interlocutory (adjournment and Amendment of Pleadings)
Outcome
Adjournment granted; leave to amend pleadings granted; orders for costs thrown away in result of adjournment to be paid by defendants; costs not to be paid forthwith; matters placed in next call over.
Legal Topics
['adjournments' 'amendment of Pleadings' 'contracts Review Act' 'costs']
['civil Procedure'] ['adjournments' 'amendment of Pleadings' 'contracts Review Act' 'costs']

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Procedural Posture

Civil / Pre Trial / Interlocutory (adjournment and Amendment of Pleadings)

Legal Issues

  1. 1 ['Whether adjournment should be granted to allow amendment of pleadings and raising of new defence under Contracts Review Act' 'Whether costs thrown away should be paid forthwith or deferred']

Ratio Decidendi

Adjournment should be granted and leave given to amend pleadings as the new defence is fairly arguable under the Contracts Review Act and relevant case law, and justice requires the defence be heard. Costs thrown away should be paid to other parties as a result of the adjournment, but not forthwith before the conclusion of proceedings.

Court Disposition

Adjournment granted; leave to amend pleadings granted; orders for costs thrown away in result of adjournment to be paid by defendants; costs not to be paid forthwith; matters placed in next call over.

Orders

  • ['Hearing date vacated' 'Matters placed in next available call over' 'Leave to defendant/cross claimant to file and rely upon amended cross claim' 'Leave to plaintiff to file and rely on amended statement of claim' 'Defendant/cross claimant to pay costs thrown away of plaintiff and defendant' 'Leave to plaintiff and...