Daire v Haley [2023] NSWSC 77

Supreme Court New South Wales

Medium Neutral Citation: Daire v Haley [2023] NSWSC 77 Hearing dates: 31 January 2023 Decision date: 31 January 2023 Jurisdiction: Equity Before: Peden J Decision: 1) Grants leave to Defendant to file the Notice of Motion in Court. 2) Grants leave to Defendant to file Amended Defence and Cross-Claim. 3) Reserves costs. 4) Adjourns the hearing part-heard. 5) Stands the matter over for Directions before the Real Property List Judge on 10 February 2023. Catchwords: CIVIL PROCEDURE — Leave to file amended defence and cross-claim — Where leave sought by defendant on day two of a hearing — Where amendment sought to clarify equitable interest claimed — Where plaintiffs resisted amendment on the basis that only constructive trust was pleaded —— Where plaintiffs' success would deprive possible creditors of a bankrupt of real property — Where adjournment otherwise necessary for trustee in bankruptcy to be heard Legislation Cited: Bankruptcy Act 1966 (Cth) Cases Cited: Aon Risk Services Australia Ltd v Australia National University (2009) 239 CLR 175 Falloon v Madden [2012] NSWSC 652 Madden v Official Trustee in Bankruptcy (2014) 221 FCR 344 Category: Procedural rulings Parties: Kimberley Jane Daire (First Plaintiff) Nikki Ann Daire (Second Plaintiff) Thomas Murray Haley (First Defendant) Registrar-General of New South Wales (Second Defendant) Representation: Counsel: B Goodyear (Plaintiffs) T Crispin (First Defendant)