Booth v Cerreto (No 2) [2021] NSWSC 1100

Supreme Court New South Wales

Medium Neutral Citation: Booth v Cerreto (No 2) [2021] NSWSC 1100 Hearing dates: 3 August 2021 Date of orders: 31 August 2021 Decision date: 31 August 2021 Jurisdiction: Equity Before: Henry J Decision: See [76] Catchwords: CIVIL PROCEDURE – Pleadings – Amendment – where defendants conceded certain relief and parties agreed for judicial sale order on basis of original pleading and agreed facts – where proposed amendments include new cause of action and claim rescission and order for transfer of property – no issue of principle – leave to amend those matters refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 64 Uniform Civil Procedure Rules 2005 (NSW), rr 31.46, 31.51 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Booth v Cerreto & Ors [2017] NSWSC 468 Karl Suleman Enterprizes Pty Ltd (in liq) v Pham [2013] NSWCA 93 New Beach Apartments Pty Ltd v Epic Hotels Pty Ltd [2007] NSWSC 474 Sood v Christianos [2008] NSWSC 1087 Texts Cited: G P Stuckey and C D Irwin, Parker's Practice in equity (New South Wales) (2nd ed, 1949, Law Book Co) Category: Procedural rulings Parties: Millie Booth (First Plaintiff) Grant William Booth (Second Plaintiff) Maria Immaculata Dominello (deceased) (Third Plaintiff) Norm Cerreto (First Defendant) Antonio Salerno (Second Defendant) Arthur Street Facility Management Pty Ltd (Third Defendant) Arthur St Build Group Pty Ltd (Fourth Defendant) Australia and New Zealand Banking Group Ltd (Fifth Defendant) Westpac Banking Corporation (Sixth Defendant) Representation: Counsel: N Kidd SC with J Darvall (Plaintiffs) C Carroll (First to Fourth Defendants)