Kyriacou v Makis (No 3) [2023] NSWSC 1098

Supreme Court New South Wales

Medium Neutral Citation: Kyriacou v Makis (No 3) [2023] NSWSC 1098 Hearing dates: 9 August 2023 Decision date: 14 September 2023 Jurisdiction: Equity Before: Robb J Decision: See [127]-[131] Catchwords: CIVIL PROCEDURE – pleadings – amendment – applications for leave to amend pleadings – where first defendant makes second application seeking leave to file an amended cross claim against the plaintiff – where the second application is similar to, but in some relevant aspects different to, the first application determined by the Court – whether the Court should determine the second application without being bound by the outcome of the first application or the reasons provided by the Court in its determination of the first application – whether the proposed amendments in the second application cure the deficiencies identified by the Court upon the determination of the first application – consideration of the principles and procedures that are to be applied by the Court when a party seeks to make a new interlocutory application on a subject that has already been determined by the Court – held that the Court is not bound by the conclusions reached in respect of the first application if material changes have been made to the wording of the draft amended cross claim – held that the amended cross claim the subject of the second application suffers from the same deficiencies as the amended cross claim the subject of the first application – no justification established for the Court to depart from the rulings made in respect of the first application in the determination of the second application Legislation Cited: Civil Procedure Act 2005 (NSW) Income Tax Assessment Act 1936 (Cth), s 91 Cases Cited: Kyriacou v Makis [2021] NSWSC 60 Kyriacou v Makis (Supreme Court (NSW), Black J, 18 July 2023, unrep) Re Force Corp Pty Ltd (Recs and Mgrs Apptd) (in liq) [2018] NSWSC 896 Re Graziers Pastoral Pty Ltd [2021] NSWSC 1680 Texts Cited: Ritchie's Uniform Civil Procedure NSW (LexisNexis Butterworths, looseleaf) Category: Procedural rulings Parties: Kyriacos Kyriacou (Plaintiff/Cross-defendant) Andrea Makis (First Defendant/Cross-claimant) Tina Georgiou as Executor of the Estate of the Late George Georgiou (Second Defendant) Sam Pambris (Third Defendant) Representation: Counsel: J Darvall (Plaintiff/Cross-defendant) B May (First Defendant/Cross-claimant)