Bank of Communications Co. Ltd v Delia Sparkes [2021] NSWSC 35

Supreme Court New South Wales

Medium Neutral Citation: Bank of Communications Co. Ltd v Delia Sparkes [2021] NSWSC 35 Hearing dates: 15, 16 December 2020 Decision date: 01 February 2021 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Certain pleading amendments permitted, certain amendments refused. Catchwords: COMMERCIAL LIST – Procedure – Applications by plaintiff for amendment to Commercial List Statements – Certain amendments not originally, but then later opposed – No prejudice shown in granting amendments – Amendments granted – Application to amend by bringing a direct claim against a party previously only joined as a cross-defendant – Assessment of prejudice in light of fact that amendment brought not long before significant trial fixture – Amendment refused. Cases Cited: Bank of Communications Co., Ltd v Sparkes [2020] NSWSC 1684 Category: Procedural rulings Parties: Bank of Communications Co., Ltd - First Plaintiff Westpac Banking Corporation - Second Plaintiff Banco Bilbao Vizcaya Argentaria S.A. t/as Banco Bilbao Vizcaya Argentaria S.A., Hong Kong Branch - Third Plaintiff Delia Sparkes - First Defendant Robert Bakewell - Second Defendant /| Cross Claimant Sarah Pearce - Third Defendant Herbert Smith Freehills - Cross Defendant Representation: Counsel:

P Meagher - Plaintiffs M Rose - First Defendant M R Pesman SC - Second Defendant / Cross Claimant N Owens SC with G O'Mahoney - Third Defendant R Dick SC with D Sulan - Cross Defendant B Ng - Plaintiff in the Liquidators' Proceedings C Colquhoun - Plaintiff in Anchorage Proceedings J Tap - Tenth Defendant in the Liquidators' Proceedings