McMillan Investment Holdings Pty Limited v Mangos & Ors [2023] NSWSC 1078

Supreme Court New South Wales

Medium Neutral Citation: McMillan Investment Holdings Pty Limited v Mangos & Ors [2023] NSWSC 1078 Hearing dates: 6 September 2023 Date of orders: 7 September 2023 Decision date: 07 September 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Order that the first and second defendants' notice of motion filed 29 August 2023 be dismissed. (2) Order that the first and second defendants pay PMFPL Pty Limited, Paul Fordyce and the plaintiff's costs of, and incidental to, the notice of motion filed 29 August 2023. (3) Order that the third defendant's notice of motion filed 1 September 2023 be dismissed. (4) Order that the third defendant pay PMFPL Pty Limited, Paul Fordyce and the plaintiff's costs of, and incidental to, the notice of motion filed 1 September 2023. (5) Vacate the listing before Davies J on 15 September 2023. (6) Confirm, in line with the orders made on 24 August 2023, the matter is listed for status review before Chen J on 20 September 2023. (7) Order that any application by the third defendant for referral to a barrister or solicitor on the pro bono legal panel, under rule 7.36(1) be filed and served by 11 September 2023, 5pm. (8) Direct that any application filed in accordance with order 7 above, be filed with the associate to Chen J. (9) List any application for pro bono legal assistance before Chen J on 13 September 2023 at 9:30am. Catchwords: CIVIL PROCEDURE – originating process – applications to amend cross-claims – where hearing is in less than six weeks – whether grant of leave in accordance with the dictates of justice – whether prejudice occasioned upon the cross-defendants Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Birmingham City Council (Appellant) v Abdulla [2013] 1 All ER 649; [2012] UKSC 47 Bomanite Pty Ltd v Slatex Corp Aust Pty Ltd (1991) 32 FCR 379; [1991] FCA 536 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Capic v Ford Motor Company of Australia Limited (Late Evidence) [2020] FCA 1117 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261; [2010] FCAFC 101 Crawley v Vero Insurance Ltd [2012] NSWSC 593 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 McMillan Investment Holdings Pty Ltd v Mangos [2021] NSWSC 1635 Richards v Cornford (No 3) [2010] NSWCA 134 Tepko Pty Ltd v Water Board (2001) 206 CLR 1; [2001] HCA 19 Warragamba Winery Pty Ltd v State of New South Wales [2010] NSWSC 66 White v Overland (2001) 67 ALD 731; [2001] FCA 1333 Category: Procedural rulings Parties: McMillan Investment Holdings Pty Limited (plaintiff) John Bernard Mangos (first defendant/first cross-claimant to fourth cross-claim) Natalie Mangos (second defendant/second cross-claimant to fourth cross-claim) Christopher Wallace (third defendant/first cross-claimant to fifth cross-claim) (self-represented) PMFPL Pty Ltd (first cross-defendant to fourth cross-claim/first cross-defendant to fifth cross-claim) Paul Fordyce (second cross-defendant to fourth cross-claim/second cross-defendant to fifth cross-claim) Representation: Counsel: J T Svehla (plaintiff) B K Nolan (first and second defendant/first and second cross-claimant to fourth cross-claim) A Avery-Williams (cross-defendants)