Apple Computer Australia Pty Ltd v George Mekrizis & Ors [2002] NSWSC 982

New South Wales Supreme Court

CITATION : Apple Computer Australia Pty Ltd v George Mekrizis & Ors [2002] NSWSC 982 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50054/01 HEARING DATE(S) : 20 September 2002 17 October 2002 JUDGMENT DATE : 22 October 2002

Apple Computer Australia Pty Ltd (Plaintiff) PARTIES : Tjipto Hartono (Seventh Defendant) Wing Nin Liu (Thirteenth Defendant) JUDGMENT OF : Bergin J

TEF Hughes QC leading CRC Newlinds (Plaintiff) COUNSEL : Dr C Birch SC (Seventh Defendant) P Hayes QC leading A Paterson (Thirteenth Defendant) Clayton Utz (Plaintiff) SOLICITORS : John A Bush (Seventh Defendant) Wright Pavuk Lawyers (Thirteenth Defendant) CATCHWORDS : Applications to amend Defences and Cross-Claims at conclusion of trial but prior to reservation of judgment - One applicant took no part in the trial until last day - Unjustified allegations against plaintiff and its lawyers of "sharp practice" - Meaning of term "sharp practice" - Evidence given by plaintiff's witness late in trial a suprise to both plaintiff and defendants. Late tender of material as an alternative to reliance upon a Certificate under the guarantee in relation to the amount of the debt alleged under the guarantee. LEGISLATION CITED : Contracts Review Act 1980 (NSW) CASES CITED : Pentagold Investments Pty Ltd & Anor v Romanos & Anor [2002] ANZ ConvR 132 DECISION : Applications allowed in part - see paragraphs [91] - [94].

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