Ladmore v Ashton [2024] NSWSC 1298

Supreme Court New South Wales

Medium Neutral Citation: Ladmore v Ashton [2024] NSWSC 1298 Hearing dates: 15 October 2024 Date of orders: 16 October 2024 Decision date: 16 October 2024 Jurisdiction: Equity - Real Property List Before: Williams J Decision: Plaintiffs' application for leave to amend dismissed. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — Late application for amendment — Application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 58, 64 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Loureiro v Mac Aus Unit Pty Ltd (No. 2) [2022] NSWSC 226 Rennie Golledge Pty Ltd v Ballard (2012) 82 NSWLR 231; [2012] NSWCA 376 Young v Queensland Trustees Ltd (1956) 99 CLR 560; [1956] HCA 51 Texts Cited: N/A Category: Procedural rulings Parties: Richard Barnes Ladmore (First Plaintiff) Jan-Louise Ladmore (Second Plaintiff) Joan Marie Ashton (First Defendant) John Daniel Quinn (Second Defendant) Representation: Counsel: G M McGrath (Plaintiffs) T Catanzariti (Defendants)

Solicitors: Morrisons Law (Plaintiffs) Bradley Allen Love Lawyers (Defendants) File Number(s): 2019/262065 Publication restriction: N/A

JUDGMENT

Introduction 1. The plaintiffs in these proceedings are Mr Richard Ladmore and Ms Jan-Louise Ladmore. The defendants are the executors of the estate of the late Mr Neil Quinn, who died in October 2018. 2. The plaintiffs commenced these proceedings in 2019. In their amended statement of claim filed in February 2023, the plaintiffs claim declaratory and other relief founded on the doctrines of promissory estoppel and proprietary estoppel, and damages for breach of contract. Both the estoppel claims and the contract claim arise out of representations or promises allegedly made by the late Mr Quinn to one or both of the plaintiffs orally over a period of time from 2007 to 2018. 3. The final hearing commenced on 14 October 2024, with an estimated hearing time of ten days. 4. These reasons for judgment concern the plaintiffs' application for leave to amend their existing pleadings by filing a further amended statement of claim in the form handed up to the Court immediately after the luncheon adjournment on the second day of the hearing. The defendants oppose the application for leave to amend.