6 Nov 2017
Leave to admit the supplementary brief of Craig Brian Lewis (dated 21 September 2017) was granted because admission was within the Court's discretion under r 9.8, was in the interests of justice, caused little prejudice in light of the trial being vacated and rescheduled and because the material relates to matters within the plaintiffs' knowledge and allows opportunity for reply.
23 Aug 2013
The court refused to exclude the plaintiff's market survey evidence because the plaintiff had disclosed the questions and summary results in a without prejudice letter dated 7 June 2013, which put defendants on notice of the surveys and meant they were not sufficiently prejudiced by the later service of full materials to justify exclusion; discovery and leave issues were reserved to trial.
2 Mar 2011
Leave was granted to file the amended statement of defence despite the late filing because the defendant failed to show sufficient prejudice that could not be remedied, the issues raised were legitimate factual issues of attribution that should not be artificially foreclosed, and prejudice could be addressed by targeted discovery and affidavit orders and without immediately joining Mr Swap.