NSW Caselaw
New South Wales Supreme Court
CITATION : Aesthetics Architecture Pty Limited v John Camilleri & Ors [2007] NSWSC 1129
HEARING DATE(S) : 27/09/2007
JUDGMENT DATE : 15 October 2007
JUDGMENT OF : Hoeben J at 1
DECISION : The second defendant is given leave to file an Amended Defence in the form attached to its Notice of Motion filed on 24 April 2007; Each party is to pay his or its own costs of this application.
CATCHWORDS : Practice and procedure - application to amend defence to raise limitation of liability - whether conditions should be imposed - whether plaintiff will be prejudiced by such an amendment - whether and to what extent the plaintiff would have conducted the litigation differently had the defence been raised earlier.
LEGISLATION CITED : Civil Procedure Act 2005 Professional Standards Act 1994
CASES CITED : Ketteman v Hansel Properties Limited (1987) 1 AC 189 The State of Queensland and Anor v J L Holdings Pty Limited (1996-97) 189 CLR 146
Aesthetics Architecture Pty Limited - Plaintiff PARTIES : John Camilleri trading as JCB Partners Chatswood - First Defendant Christian Borkowski - Second Defendant
FILE NUMBER(S) : SC 12700/2004
Mr C Birch SC/Ms S Walsh - Plaintiff COUNSEL : No appearance - First Defendant RA Cavanagh - Second Defendant
Maurice Blackburn Cashman Lawyers - Plaintiff SOLICITORS : No appearance - First Defendant Lander & Rogers - Second Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HOEBEN J
Monday 15 October 2007
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