In the matter of Meglo-Yowrie Flat Units Pty Ltd [2023] NSWSC 1160

In the matter of Meglo-Yowrie Flat Units Pty Ltd [2023] NSWSC 1160

Leave to make the contentious amendments was refused because the amendments were sought one week before the final hearing, raised new issues or withdrew an admission, were not adequately explained by recent disclosure or evidence, were in some respects inadequately pleaded or particularised, and would prejudice the defendants by depriving them of a fair opportunity to answer the new case or by requiring vacation of the hearing. Granting leave for those amendments would be inconsistent with the overriding purpose and the dictates of justice under the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
27 September 2023
Procedural Posture
Equity Corporations List; Procedural Ruling on Pleadings Amendment in Corporations Proceedings / Application by the Plaintiff for Leave to Further Amend the Originating Process and Amend the Statement of Claim One Week Prior to Final Hearing
Outcome
Leave to amend refused in relation to the contentious amendments; leave granted for the balance of the proposed amendments that were not opposed.
Legal Topics
['pleadings Amendment' 'late Amendment Before Final Hearing' 'oppression Proceedings' 'company Title Corporation' 'winding Up' 'prejudice and Case Management' 'withdrawal of Admission']
['practice and Procedure' 'corporations Law' 'equity'] ['pleadings Amendment' 'late Amendment Before Final Hearing' 'oppression Proceedings' 'company Title Corporation' 'winding Up' 'prejudice and Case Management' 'withdrawal of Admission']

Case Brief

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Procedural Posture

Equity Corporations List; Procedural Ruling on Pleadings Amendment in Corporations Proceedings / Application by the Plaintiff for Leave to Further Amend the Originating Process and Amend the Statement of Claim One Week Prior to Final Hearing

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to make contentious amendments to the originating process and statement of claim one week before the final hearing.' 'Whether proposed prayer 9(a) and paragraph 32(i), concerning legal costs levies, company funds and discontinuance of the cross-summons, raised new issues without adequate explanation for delay and would prejudice the defendants.' 'Whether proposed prayer 9(c), concerning directions to a liquidator or administrator to investigate subdivision of the Company’s property, should be permitted despite the absence of time for the defendants to adduce expert evidence.' 'Whether the plaintiff should be permitted to delete the chapeau to paragraph 23 of the statement of claim, which the Court treated as an admission that the plaintiff had a conflict of interest and was not entitled to vote.' 'Whether proposed amendments to paragraphs 32(d), (e), (g), (h)-(j) alleging oppressive conduct were sufficiently pleaded and particularised.' 'Whether proposed prayer 11, introducing a new claim against the second defendant for money had and received or disgorgement of the purchase price, should be allowed or determined separately.']

Ratio Decidendi

Leave to make the contentious amendments was refused because the amendments were sought one week before the final hearing, raised new issues or withdrew an admission, were not adequately explained by recent disclosure or evidence, were in some respects inadequately pleaded or particularised, and would prejudice the defendants by depriving them of a fair opportunity to answer the new case or by requiring vacation of the hearing. Granting leave for those amendments would be inconsistent with the overriding purpose and the dictates of justice under the Civil Procedure Act 2005 (NSW).

Court Disposition

Leave to amend refused in relation to the contentious amendments; leave granted for the balance of the proposed amendments that were not opposed.

Orders

  • ['The plaintiff’s application for leave to amend was dismissed insofar as it concerned the amendments listed at [14].' 'Leave was granted in respect of the balance of the proposed amendments, which were not opposed by any of the defendants.']