Meadowlands BFT Pty Ltd v Shoalhaven City Council [2021] NSWSC 773

Supreme Court New South Wales

Medium Neutral Citation: Meadowlands BFT Pty Ltd v Shoalhaven City Council [2021] NSWSC 773 Hearing dates: 24 June 2021 Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The amended notice of motion bearing the date 25 May 2021 is dismissed. (2) The plaintiff pay the defendant's costs of the motion. (3) List the matter for directions before me at 9.30am on 2 August 2021. Catchwords: PRACTICE AND PROCEDURE – application to amend statement of claim – proposed amendment abandons existing case and reformulates new case – matter close to hearing date – no explanation for delay from moving party as opposed to its new solicitors – possibility that application made for tactical reasons not excluded – potential for moving party to file separate proceedings – prejudice occasioned by grant of refusal of amendment – application refused Legislation Cited: Civil Procedure Act 2005 (NSW) Impounding Act 1993 (NSW) Cases Cited: Aon Risk Services Australia Ltd v ANU (2009) 239 CLR 175, [2009] HCA 27 Port of Melbourne Authority v Anshun (1981) 147 CLR 589; [1980] HCA 41 Tamaya Resources Ltd (in Liq) v Deloitte Touche Tohmatsu (a firm) [2016] FCAFC 2 Category: Procedural rulings Parties: Meadowlands BFT Pty Ltd (Plaintiff/Applicant) Shoalhaven City Council (Defendant/Respondent) Representation: Counsel: H Grace (Plaintiff) RA Parsons (Defendant)