Carpenter v Morris [2020] NSWSC 1264

Supreme Court New South Wales

Medium Neutral Citation: Carpenter v Morris [2020] NSWSC 1264 Hearing dates: 14 September 2020 Date of orders: 16 September 2020 Decision date: 16 September 2020 Jurisdiction: Equity Before: Williams J Decision: Leave granted to the first and fourth to seventh defendants to amend their defences to the Further Amended Statement of Claim filed on 17 May 2019. Catchwords: PRACTICE AND PROCEDURE – applications – leave to amend pleadings – application by defendants to amend defences – where proceeding commenced in 2016 – where application made on the first day of the final hearing in 2020 – where no explanation given by the defendants for the delay – where plaintiffs suffer no prejudice by reason of the late application – where proposed amendment does not give rise to application to vacate hearing date – leave granted to the defendants to amend defences Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57 and 58 Court Procedure Rules 2006 (ACT) Limitation Act 1969 (NSW), ss 14 and 15 Partnership Act 1892 (NSW), s 35 Uniform Civil Procedure Rules 2005 (NSW), r 14.14 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Gerace v Auzhair Supplies Pty Ltd (2014) 87 NSWLR 435; [2014] NSWCA 181 Lambert v Twigg Investments Pty Ltd (No 2) [2020] NSWSC 466 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd [2008] NSWCA 39 Category: Procedural and other rulings Parties: Jimmie Carpenter (First Plaintiff) Tastex Pty Ltd (Second Plaintiff) Colin George Morris (First Defendant) Kathryn Beryl Morris (Second Defendant) Alison Margaret Brooks (Third Defendant) Central West Granite Pty Ltd (Fourth Defendant) Damian Jon Morris (Fifth Defendant) Marble Craft & Granite Supplies Pty Ltd (Sixth Defendant) Grandee Quarries Australia Pty Ltd (Seventh Defendant) John Richard Dunkley (Eighth Defendant) Robyn Joyce Dunkley (Ninth Defendant) Representation: Counsel: Mr G Curtin SC (Plaintiffs) Mr P Tierney (First and Fourth to Seventh Defendants)