NSW Caselaw
New South Wales Supreme Court
CITATION : Pioneer Park Pty Limited (in liquidation), Clifford John Carpenter, Merlo Australia Pty Limited & Ors v Australia and New Zealand Banking Group Limited [2006] NSWSC 731 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 17/7/06, 18/7/06
JUDGMENT DATE : 19 July 2006
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 07/19/2006
DECISION : Application to amend defence dismissed insofar as opposed.
CATCHWORDS : Practice and Procedure - Amendment of defence - Template set by part 6 of Uniform Civil Procedure Act analysed with respect to application to amend pleadings
LEGISLATION CITED : Uniform Civil Procedure Act 2005
CASES CITED : Pioneer Park Pty Ltd v ANZ Banking Group Ltd and others: [2005] NSWSC 498; [2005] NSWSC 832 State of Queensland v JL Holdings (1996) 189 CLR 146
PARTIES : Pioneer Park Pty Limited ACN 002 706 881 (in Liquidation); Clifford John Carpenter; Merlo Australia Pty Limited; Merlo Wholesale Pty Limited and Domino Hire Pty Limited [Plaintiffs] Australia and New Zealand Banking Group Limited [Defendant]
FILE NUMBER(S) : SC 50156/04; 50163/04; 50096/05; 50118/05
COUNSEL : Mr JJ Garnsey QC, Mr B Connell (Plaintiffs) Mr J Gleeson SC, Mr J Thomson (Defendant)
SOLICITORS : PMF Legal (Plaintiffs) Minter Ellison (Defendant)
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
EINSTEIN J
Wednesday 19 July 2006 ex tempore Revised 20 July 2006
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