Pakefx Pty Ltd v Dickson (No. 2) [2015] NSWSC 1152

Pakefx Pty Ltd v Dickson (No. 2) [2015] NSWSC 1152

Leave to file the cross-claim out of time is refused due to very great delays without satisfactory explanation, lack of apparent merit in at least two of the three sets of claims, and likely further delay and prejudice for the plaintiff. The application is dismissed with costs.

Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Application for Leave to File Cross Claim Out of Time / Interlocutory Motion
Outcome
Notice of motion dismissed with costs
Legal Topics
['leave to File Cross Claim Out of Time' 'delay' 'prejudice' 'merits of Cross Claims' 'professional Negligence' 'fiduciary Duties']
['practice and Procedure' 'equity'] ['leave to File Cross Claim Out of Time' 'delay' 'prejudice' 'merits of Cross Claims' 'professional Negligence' 'fiduciary Duties']

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Procedural Posture

Application for Leave to File Cross Claim Out of Time / Interlocutory Motion

Legal Issues

  1. 1 ['Whether leave should be granted to file a cross-claim out of time' 'Whether delay in seeking leave is adequately explained' 'Whether the proposed cross-claim has apparent merit' 'Whether granting leave would cause prejudice and further delay']

Ratio Decidendi

Leave to file the cross-claim out of time is refused due to very great delays without satisfactory explanation, lack of apparent merit in at least two of the three sets of claims, and likely further delay and prejudice for the plaintiff. The application is dismissed with costs.

Court Disposition

Notice of motion dismissed with costs

Orders

  • ["Order that the first defendant's notice of motion filed on 1 July 2015 be dismissed with costs."]