Perpetual Trustee Company Ltd v Stojcevski [2013] NSWSC 1612

Leave is granted to file the Second Further Amended Defence as the relevant issues have long been raised and the amendment will not cause prejudice or delay, but leave is refused for the cross-claim due to lack of expedition, inadequate explanation for delay, and undue prejudice to the Plaintiff by vacating the hearing date.

Jurisdiction: Australia
Judgment Date: 05 November 2013
Procedural Posture: Interlocutory Application / Application for Leave to File Amended Defence and Cross Claim
Outcome: Partial grant of application
Legal Topics: ['pleadings' 'amendment of Defence' 'leave to File Cross Claim' 'joinder of Parties' 'delay' 'prejudice']

['civil Procedure'] ['pleadings' 'amendment of Defence' 'leave to File Cross Claim' 'joinder of Parties' 'delay' 'prejudice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Interlocutory Application / Application for Leave to File Amended Defence and Cross Claim

Legal Issues

1 ['whether leave should be granted to file a Second Further Amended Defence' 'whether leave should be granted to file a cross-claim and join new parties']

Ratio Decidendi

Court Disposition

Partial grant of application

Orders

['Leave to First Defendant to file Second Further Amended Defence in the form attached to the Notice of Motion, to be filed by 12 November 2013.' 'Notice of Motion otherwise dismissed.']