Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust) & Temujin Services Limited v Emmott (No 4) [2024] NSWSC 438

Supreme Court New South Wales

Medium Neutral Citation: Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust) & Temujin Services Limited v Emmott (No 4) [2024] NSWSC 438 Hearing dates: 16 April 2024 Decision date: 24 April 2024 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Within 7 days of the date of this judgment the plaintiff serve on the defendant a proposed second further amended summons and second further amended commercial list statement that have been prepared consistently with the conclusions of this judgment; (2) Within a further 7 days the defendant notify the plaintiff of any proposed amendments it contends are not consistent with this judgment; (3) The matter is stood over to 10 May 2024 for directions and to deal with any dispute concerning the scope of the amendments sought by the plaintiff that are permitted by this judgment; (4) The plaintiff pay the defendant's costs of and incidental to the hearing on 16 April 2024; (5) The plaintiff pay the defendant's costs thrown away by reason of the amendments. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — Allowance of proposed amendments — Where proposed amendments address some minor deficiencies in existing pleadings CIVIL PROCEDURE — Pleadings — Amendment — Disallowance of amendment — Where proposed amended pleadings are delayed, vague and expand the purported issues in dispute Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Michael Wilson & Partners Ltd v Emmott [2018] EWCA Civ 51 Michael Wilson & Partners Ltd v Emmott [2019] NSWSC 218 Michael Wilson & Partners Ltd v Emmott [2021] NSWCA 315 Category: Procedural rulings Parties: Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust & Temujin Services Limited (Plaintiff) John Forster Emmott (Defendant) Representation: Counsel: D Neggo (Plaintiff) J Baird (Defendant)