Aramax Nominees Pty Ltd and Primax Nominees Pty Ltd v Australia and New Zealand Banking Group Limited & Ors [2020] NSWSC 1369

Aramax Nominees Pty Ltd and Primax Nominees Pty Ltd v Australia and New Zealand Banking Group Limited & Ors [2020] NSWSC 1369

Leave to file the Proposed Amended Commercial List Statement was refused because the proposed pleading included allegations whose relevance to Aramax and Primax's claims was not shown or could not be seen, included deleted or inconsistent references, and required recasting; it was not for ANZ or the Court to redraft the pleading.

Jurisdiction
Australia
Judgment Date
08 October 2020
Procedural Posture
Application for Leave to Amend Commercial List Statement / Notice of Motion Filed on 11 September 2020, Heard on the Papers
Outcome
Leave to amend Commercial List Statement refused; notice of motion dismissed with costs.
Legal Topics
['pleadings' 'amendment of Commercial List Statement' 'irrelevant Allegations' 'leave to Amend']
['civil Procedure' 'equity Commercial List'] ['pleadings' 'amendment of Commercial List Statement' 'irrelevant Allegations' 'leave to Amend']

Case Brief

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Procedural Posture

Application for Leave to Amend Commercial List Statement / Notice of Motion Filed on 11 September 2020, Heard on the Papers

Legal Issues

  1. 1 ['Whether Aramax Nominees Pty Ltd and Primax Nominees Pty Ltd should be granted leave pursuant to s 64 of the Civil Procedure Act 2005 (NSW) to amend the current Commercial List Statement.' 'Whether the Proposed Amended Commercial List Statement contained allegations irrelevant to the claims sought to be advanced by Aramax Nominees Pty Ltd and Primax Nominees Pty Ltd.']

Ratio Decidendi

Leave to file the Proposed Amended Commercial List Statement was refused because the proposed pleading included allegations whose relevance to Aramax and Primax's claims was not shown or could not be seen, included deleted or inconsistent references, and required recasting; it was not for ANZ or the Court to redraft the pleading.

Court Disposition

Leave to amend Commercial List Statement refused; notice of motion dismissed with costs.

Orders

  • ['The notice of motion filed on 11 September 2020 by Aramax and Primax be dismissed with costs.' 'Any further application by Aramax or Primax to amend the Commercial List Statement should be accompanied by circulation of a Proposed Amended Commercial List Summons.' 'The matter is listed for further directions on 23...