Infocus Tax and Business Advisory Pty Ltd v Andrews (No 2) [2020] NSWSC 1072

Supreme Court New South Wales

Medium Neutral Citation: Infocus Tax and Business Advisory Pty Ltd v Andrews (No 2) [2020] NSWSC 1072 Hearing dates: 31 July 2020 Decision date: 14 August 2020 Jurisdiction: Equity Before: Robb J Decision: See pars [73], [78], [82], [85], [86], [96] and [97]. Defendants should prepare draft short minutes of order to give effect to these reasons for judgment. They should then confer with the plaintiffs and either deliver agreed short minutes of order, or contending ones, to my Associate within seven days. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — Late application for amendment — although defendants have given conditional consent, the Court will not grant leave to file the draft amended pleadings in their present terms — where the Court is entitled to insist that any amendments that are permitted allege all material facts and give all necessary particulars COSTS — Party/Party — Costs orders in interlocutory proceedings — where the plaintiffs must be ordered to pay the defendants' costs of and occasioned by the amendment of the pleadings — where the Court should not order that those costs be paid forthwith — where the Court should not make gross sum costs orders COSTS — Security for costs — Relevant factors — where, in the circumstances, the defendants are at least entitled to an order that requires the plaintiffs to increase the amount of the indemnity for costs by an appropriate amount CIVIL PROCEDURE — Pleadings — Amendment — where, in the circumstances, it would not be appropriate for the Court to impose a condition on the amendment of pleadings that stipulates that the party seeking leave may not call a lawyer for the other party at the hearing Legislation Cited: Competition and Consumer Act 2010 (Cth) Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592; [2004] HCA 60 Concrete Constructions Pty Ltd v Dalma Formwork Pty Ltd [1999] NSWCA 16 Hamod v New South Wales [2011] NSWCA 375 Infocus Tax and Business Advisory Pty Ltd v Andrews [2020] NSWSC 168 Knight Frank Australia Pty Ltd v Paley Properties Pty Ltd (2014) 120 SASR 532; [2014] SASFC 103 Showtime Touring Group Pty Ltd v Mosley Touring Inc [2013] NSWCA 53; (2013) 296 ALR 597 Texts Cited: Ritchie's Uniform Civil Procedure NSW (2005, Looseleaf, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Infocus Tax & Business Advisory Pty Ltd (first plaintiff / applicant) Announcer Group Pty Ltd (second plaintiff / applicant) Benjamin William John Andrews (first defendant / first respondent) Kimball John Andrews (second defendant / second respondent) Veni Vidi Vixi Pty Ltd as trustee for the Imperium Trust (third defendant / third respondent) Representation: Counsel: P Lonergan (plaintiffs / applicants) N Mirzai (first and third defendants / first and third respondents) K Petch (second defendant / second respondent)