Shakespeare Haney Securities Ltd v Chedid [2011] NSWSC 1629

Shakespeare Haney Securities Ltd v Chedid [2011] NSWSC 1629

Leave was granted to file the amended defence and cross-claim as the amendments would facilitate the determination of the real issues without causing irremediable prejudice to the plaintiff, and the defendant was ordered to pay the plaintiff's costs assessed in a gross sum due to lateness within the interlocutory process.

Jurisdiction
Australia
Judgment Date
08 December 2011
Procedural Posture
Interlocutory Application / Leave to Amend Pleadings and Costs Order
Outcome
Leave to file amended defence and cross-claim granted; defendant ordered to pay costs assessed in a gross sum; summary judgment motion stood over for directions.
Legal Topics
['leave to Amend Pleadings' 'cross Claim' 'summary Judgment' 'costs' 'contracts Review Act']
['civil Procedure'] ['leave to Amend Pleadings' 'cross Claim' 'summary Judgment' 'costs' 'contracts Review Act']

Case Brief

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Procedural Posture

Interlocutory Application / Leave to Amend Pleadings and Costs Order

Legal Issues

  1. 1 ['Whether leave should be granted to the defendant to file an amended defence and a cross-claim' 'Appropriateness of costs orders for late amended defence']

Ratio Decidendi

Leave was granted to file the amended defence and cross-claim as the amendments would facilitate the determination of the real issues without causing irremediable prejudice to the plaintiff, and the defendant was ordered to pay the plaintiff's costs assessed in a gross sum due to lateness within the interlocutory process.

Court Disposition

Leave to file amended defence and cross-claim granted; defendant ordered to pay costs assessed in a gross sum; summary judgment motion stood over for directions.

Orders

  • ['Defendant granted leave to file amended defence (excluding paragraph 4(c)) by 15 December 2011.' 'Defendant granted leave to file and serve cross-claim by 15 December 2011.' "Service of documents on plaintiff's solicitors by 16 December 2011." "Defendant to pay plaintiff's costs of and associated with defendant's...