ATL (Australia) Pty Limited v Cui and Ors [2021] NSWSC 1372

Supreme Court New South Wales

Medium Neutral Citation: ATL (Australia) Pty Limited v Cui and Ors [2021] NSWSC 1372 Hearing dates: 26 October 2021 Date of orders: 26 October 2021 Decision date: 26 October 2021 Jurisdiction: Common Law Before: Johnson J Decision: The Second Defendant is granted leave to amend the Defence subject to conditions. Catchwords: CIVIL PROCEDURE – claim against guarantors under commercial loan agreement – late application by defendant to amend Defence – proposed amendment relying upon principles in Ankar Pty Ltd v National Westminster Finance (Australia) Pty Ltd (1987) 162 CLR 549; [1987] HCA 15 – plaintiff notified of amendment application on eve of hearing – late realisation by defendant that Ankar defence may be available – one letter in a sea of documents - application of ss 56-58, 64 Civil Procedure Act 2005 – belated application – consideration of dictates of justice – leave to amend granted on conditions Legislation Cited: Civil Procedure Act 2005 Cases Cited: Ankar Pty Ltd v National Westminster Finance (Australia) Pty Ltd (1987) 162 CLR 549; [1987] HCA 15 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Westpac Banking Corporation v Robinson (1993) 30 NSWLR 668 Texts Cited: --- Category: Procedural rulings Parties: ATL (Australia) Pty Limited (Plaintiff) Jinsong Cui (First Defendant) Jeffrey Tse Hung Lee (Second Defendant) Tse En Tang (Third Defendant) Liang Zhao (Fourth Defendant) Gondon HLHS Pty Ltd (Fifth Defendant) HLHS Partners Epping Pty Ltd (Sixth Defendant) Arise Building Pty Ltd (Seventh Defendant) Tang Asset Management Pty Ltd (Eighth Defendant) Lansha Asset Management Pty Ltd (Ninth Defendant) Lee's Asset Management Pty Ltd (Tenth Defendant) Arise Group Pty Ltd (Eleventh Defendant) Representation: Counsel: Mr AC Casselden SC; Mr WR Chan (Plaintiff) Mr DA Smallbone (on amendment application); Mr JM Wheeldon (Second Defendant) Mr M Wang, solicitor (Eleventh Defendant)