Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd (No 2) [2023] NSWSC 141

Supreme Court New South Wales

Medium Neutral Citation: Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd (No 2) [2023] NSWSC 141 Hearing dates: 25 November 2022 Date of orders: 27 February 2023 Decision date: 27 February 2023 Jurisdiction: Equity Before: Robb J Decision: (1) The plaintiffs' notice of motion filed on 8 April 2022 is dismissed. (2) The plaintiffs must pay the eighth and ninth defendants' costs as respondents to the notice of motion. (3) The parties who will contest the separate question the subject of order 7 made by the Court on 27 April 2021 are directed to confer and to submit draft short minutes of order to the Associate to Robb J to deal with the future case management of the separate question. Catchwords: CIVIL PROCEDURE — pleadings — amendment — late application for amendment — where plaintiff's application for leave to file amended pleadings and join tenth defendant made unjustifiably late Legislation Cited: Land Titles Act 1925 (ACT), ss 94 and 95 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Bofinger v Kingsway Group Ltd (2009) 239 CLR 269; [2009] HCA 44 Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd [2022] NSWSC 519 Residential Housing Corporation v Esber (2011) 80 NSWLR 69; [2011] NSWCA 25 Category: Procedural rulings Parties: Reliance Financial Service Pty Ltd (First Plaintiff) Nancy Morvillo (Second Plaintiff) Marginata Securities Pty Ltd (Third Plaintiff) Accolade Advisory Pty Ltd (Fourth Plaintiff)