Sydney Attractions Group Pty Ltd v Schulman [2012] NSWSC 1359

Sydney Attractions Group Pty Ltd v Schulman [2012] NSWSC 1359

Leave to amend pleadings was refused because the amendment was sought very late without adequate explanation, raised a construction of the Deed that was unreasonable and bound to fail, and would cause unfair prejudice and distraction to the defendant's preparation for trial.

Parties
Plaintiff: Sydney Attractions Group Pty Ltd; Defendant: Frederick Schulman
Jurisdiction
Australia
Judgment Date
09 November 2012
Procedural Posture
Interlocutory Application / Application for Leave to Amend Pleadings
Outcome
Leave to amend pleadings refused
Legal Topics
Amendments to Pleadings, Delay in Litigation, Futility of Amendment, Prejudice to Parties, Case Management, Implied Contractual Terms
Practice and Procedure Commercial Law Amendments to Pleadings Delay in Litigation Futility of Amendment Prejudice to Parties Case Management Implied Contractual Terms

Case Brief

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Parties

Sydney Attractions Group Pty Ltd

Plaintiff

Frederick Schulman

Defendant

Procedural Posture

Interlocutory Application / Application for Leave to Amend Pleadings

Legal Issues

  1. 1 Whether leave should be granted to amend pleadings at a late stage in the proceedings
  2. 2 Whether the proposed amendment is futile or bound to fail
  3. 3 Whether there is adequate explanation for delay in seeking the amendment

Ratio Decidendi

Leave to amend pleadings was refused because the amendment was sought very late without adequate explanation, raised a construction of the Deed that was unreasonable and bound to fail, and would cause unfair prejudice and distraction to the defendant's preparation for trial.

Court Disposition

Leave to amend pleadings refused

Orders

  • The application of Sydney Attractions to file an Amended Reply to the Commercial List Response to Amended Summons and an Amended Commercial List Response to the Amended Cross Summons is refused
  • Sydney Attractions pay the costs of this application