NSW Caselaw
New South Wales Supreme Court
CITATION : Fay v Moramba Services Pty Ltd (No 3) [2008] NSWSC 1037
HEARING DATE(S) : 17 September 2008 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 17 September 2008
DECISION : Leave granted to amend Further Amended Statement of Claim.
CATCHWORDS : PROCEDURE – application to amend Further Amended Statement of Claim – where amendments sought at late stage of hearing – prejudice to defendants – where amendments will require adjournment and recall of defendants' witnesses – where adjournment and costs order can ameliorate prejudice occasioned to defendants – where adjournment more prejudicial to plaintiffs than to defendants.
CATEGORY : Procedural and other rulings
3365/07 Garrick E Fay (first plaintiff/first cross defendant) Dallas Fay (second plaintiff) Lisa Fay (second cross defendant) Moramba Services Pty Ltd (defendant/cross claimant) 5032/06 PARTIES : Garrick E Fay (first plaintiff/first cross defendant) Dallas Fay (second plaintiff/second cross defendant) Justinthyme Pty Ltd (third plaintiff/third cross defendant) Henry Kai Tong Au (first defendant/first cross claimant) Hugh Edward Halliday (second defendant/second cross claimant) Allan Ni Kwan Kwok (third defendant/third cross claimant) Stephen Thomas Pollitt (fourth defendant/ fourth cross claimant)
FILE NUMBER(S) : SC 3365/07; 5032/06
COUNSEL : Mr D E Grieve QC w Ms J F Merkel (plaintiffs) Mr R M Smith SC w Mr P W Flynn (defendants)
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