Creary v Essential Energy;; Tathra Beach Motor Village Pty Ltd v Essential Energy;; Harris v Essential Energy;; Rowland v Essential Energy (No.2) [2024] NSWSC 56

Supreme Court New South Wales

Medium Neutral Citation: Creary v Essential Energy;; Tathra Beach Motor Village Pty Ltd v Essential Energy;; Harris v Essential Energy;; Rowland v Essential Energy (No.2) [2024] NSWSC 56 Hearing dates: 02 February 2024 Date of orders: 02 February 2024 Decision date: 09 February 2024 Jurisdiction: Common Law Before: Garling J Decision: 1. Grant leave to the plaintiff to amend the 5th FASOC so as to add proposed paragraph 28(a)(i) subject to the addition of the words 'within the Operator's Easement' after the words '(… irrelevant occlusions visible)' and before the word 'from'. 2. Decline to grant leave to the plaintiff to amend the 5th FASOC by insertion of the material in proposed paragraph 28(a)(ii). 3. Otherwise dismiss the Notice of Motion filed 31 January 2024. 4. Order the plaintiffs to pay the costs of the defendants of and occasioned by the amendment. 5. Note that this order is intended to include the costs of the Notice of Motion filed 31 January 2024. Catchwords: CIVIL PROCEDURE – Pleadings – Form and content of pleading – Proposed amendment to pleading – Whether amendment to pleading causes prejudice – Where an amendment to pleading is proposed close to the final hearing. Legislation Cited: Not Applicable Cases Cited: [2024] NSWSC 37 Texts Cited: Vegetation Management: Common Requirements (Ausgrid Endeavour Energy and Essential Energy) Category: Procedural rulings Parties: Alexis Creary (P) Tathra Beach Motor Village Pty Ltd (P) Janet Harris (P) Phillip Rowland (P) Essential Energy (D1) Asplundh Tree Expert (Australia) Pty Ltd (D2) Pinnacle Arborpro Pty Ltd (D3) Representation: Counsel: T Smyth (P) H Pintos-Lopez (D1) T Hackett (D2) A Gandar (D3)