Malvina Park Pty Limited trading as Firths the Superannuation Lawyers v Pegios [2021] NSWDC 219

District Court New South Wales

Medium Neutral Citation: Malvina Park Pty Limited trading as Firths the Superannuation Lawyers v Pegios [2021] NSWDC 219 Hearing dates: 19 May 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Orders: (1) Grant leave to the defendant to file and serve the amended Defence annexed to his Notice of Motion, conditional upon the defendant paying the plaintiff's costs thrown away by the amendment, including the costs of the costs consultant's report, on an indemnity basis. (2) Refuse leave to the cross-claimant to file and serve the amended cross-claim annexed to the Notice of Motion. (3) Defendant/cross-claimant's Notice of Motion otherwise dismissed, (4) The defendant/cross-claimant is to pay the plaintiff/cross-defendant's costs of the Notice of Motion, other than the costs identified in order 1 above, which are made on an indemnity basis, on the ordinary basis. (5) The defendant/cross-claimant is to pay the costs of the proposed additional cross-defendants on the ordinary basis, with liberty to apply. Catchwords: PRACTICE AND PROCEDURE – application for leave to amend defence and cross-claim Legislation Cited: Civil Liability Act 2002 (NSW) ss 5B and 5D Civil Procedure Act 2005 (NSW) ss 56 – 62 Evidence Act 1995 (NSW) s 75 Health Practitioner Regulation National Law (NSW) ss 139B, 139E and 139R; Legal Profession Uniform Law 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 42.7 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Branson v Tucker [2012] NSWCA 310 Dickens v State of New South Wales (No 3) [2018] NSWSC 485 Dyer v Chrysanthou [2021] FCA 578 Fitzwood Pty Ltd v Unique Goal Pty Ltd (in liquidation) [2001] FCA 1628 Garzo v Liverpool/Campbelltown Christian School Limited & Anor [2011] NSWSC 292 Garzo v Liverpool/Campbelltown Christian School Limited & Anor [2011] NSWSC 292 Madanat v David [2020] NSWSC 284 RTA v Dederer (2007) 234 CLR 330 Category: Procedural rulings Parties: Plaintiff: Malvina Park Pty. Limited trading as Firths The Superannuation Lawyers