MJJK Investments Pty Ltd acting as trustee for the Martha Kennedy Family Trust v Kennedy; Kennedy v MJJK Investments Pty Ltd acting as trustee for the Martha Kennedy Family Trust [2024] NSWSC 1398

Supreme Court New South Wales

Medium Neutral Citation: MJJK Investments Pty Ltd acting as trustee for the Martha Kennedy Family Trust v Kennedy; Kennedy v MJJK Investments Pty Ltd acting as trustee for the Martha Kennedy Family Trust [2024] NSWSC 1398 Hearing dates: 31 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Grant leave to plaintiffs to amend Summons; decline to grant leave to plaintiffs to amend List Statement in form proposed; direct plaintiffs to circulates further proposed Amended List Statement Catchwords: CIVIL PROCEDURE – pleadings – amendment –where plaintiffs' debt claim against defendants not maintainable – where plaintiffs seek leave to amend on day of final hearing – where defendants not in position to meet claim – whether plaintiff sought to be permitted to amend pleadings – whether, in the alternative, proceedings should be dismissed – where latter course would only add costs and delay to final determination of the dispute Cases Cited: Aberdeen Bear Pty Ltd v MJJK Investments Pty Ltd; MJJK Investments Pty Ltd v Calvert [2024] NSWSC 722 Category: Procedural rulings Parties: MJJK Investments Pty Ltd acting as trustee for the Martha Kennedy Family Trust (First Plaintiff/Cross-Defendant) MJJK Investments No. 2 Pty Ltd acting as trustee for the Martha Kennedy Family Trust No. 2 (Second Plaintiff/Cross-Defendant) MJJK Investments No. 3 Pty Ltd acting as trustee for the Martha Kennedy Family Trust No. 3 (Third Plaintiff/Cross-Defendant) Martha Kennedy (Fourth Plaintiff/Cross-Defendant) Justin Kennedy (Fifth Plaintiff/Cross-Defendant) James Kennedy (First Defendant/Cross-Claimant) Aberdeen Bear Pty Ltd (Second Defendant/Cross-Claimant) Representation: Counsel: S Robertson SC / P Walsh (Plaintiffs/Cross-Defendants) C Bova SC / H Rogers (Defendants/Cross-Claimants)