Yusen Daly Smith International Pty Ltd v Smith [2000] NSWSC 498

New South Wales Supreme Court

CITATION : Yusen Daly Smith International Pty Ltd v Smith [2000] NSWSC 498 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2400/97 HEARING DATE(S) : 10 August, 7 & 10 September 1999 JUDGMENT DATE : 8 June 2000

Yusen Daly Smith International Pty Ltd (In Liq) (P1) PARTIES : Richard Graham Kent Binet (P2) Thomas Edwin Curtis Smith (D1) John D Green (D2) JUDGMENT OF : Hamilton J

A W Street SC & Sylvia Emmett (P1 & 2) COUNSEL : R Conti QC & R Cameron (D1) No appearance (D2) Blake Dawson Waldron (P1 & 2) SOLICITORS : McLaughlin & Riordan (D1) No representation (D2) CATCHWORDS : PROCEDURE [101] - Supreme Court procedure - Practice under Supreme Court Rules - Amendment - Application to amend cross claim after judgment on basis that amendment would accord with case as conducted at trial - Whether prejudice incurable by costs order. LEGISLATION CITED : Supreme Court Rules Part 20 r 1(2) Hatzinikolau v Snape (1989) 97 FLR 86 CASES CITED : The State of Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 Yusen Daly Smith International Pty Ltd v Smith [1999] NSWSC 450 DECISION : Application to amend refused.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J THURSDAY, 8 JUNE 2000

2400/97 YUSEN DALY SMITH INTERNATIONAL PTY LIMITED (In Liquidation) & ANOR v THOMAS EDWIN CURTIS SMITH & ANOR

JUDGMENT His Honour:

1 Some matters were left outstanding by my earlier judgment in this matter: Yusen Daly Smith International Pty Ltd v Smith [1999] NSWSC 450 ("my judgment"); terms defined in my judgment are used in the same sense in these reasons. Further submissions, both oral and written, have been received by me concerning these matters. Four matters remain outstanding: