AVRS NSW Pty Ltd v Club Marconi of Bossley Park Social Recreation & Sporting Centre Ltd [2008] NSWSC 53

New South Wales Supreme Court

CITATION : AVRS NSW Pty Ltd v Club Marconi of Bossley Park Social Recreation & Sporting Centre Ltd [2008] NSWSC 53

HEARING DATE(S) : 01/02/08 JURISDICTION : Technology and Construction List

JUDGMENT OF : Einstein J

EX TEMPORE JUDGMENT DATE : 1 February 2008

DECISION : Leave to defendant to amend its pleadings save concerning its fraud claim.

CATCHWORDS : Practice and Procedure - Leave to amend - Reference out - Powers of referee to grant leave to amend

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW)

CASES CITED : State of Qld v JL Holdings (1997) 189 CLR 146

PARTIES : AVRS NSW Pty Ltd (Plaintiff) Club Marconi of Bossley Park Social Recreation & Sporting Centre Ltd (Defendant)

FILE NUMBER(S) : SC 55043/02

COUNSEL : Mr IG Roberts (Plaintiff) Mr D Feller SC, Mr A Kostopoulos (Defendant)

SOLICITORS : Henry Davis York (Plaintiff) Kreisson Legal (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST

Einstein J

Friday 1 February 2008 ex tempore Revised 6 February 2008

55043/02 AVRS NSW Pty Ltd v Club Marconi of Bossley Park Social Recreation & Sporting Centre Ltd

JUDGMENT

1 In proceedings number 55043 of 2002 there is before the Court a notice of motion under cover of which the plaintiff/cross-defendant seeks orders including the following:

An order that the referee's decision to grant leave to the defendant/cross-claimant to amend the further amended defence and further amended cross-claim be rejected;

An order that the defendant/cross-claimant be refused leave to amend the further amended defence and the further amended cross-claim;