McMahon v John Fairfax Publications Pty Ltd [2010] NSWCA 308

New South Wales Court of Appeal

CITATION: McMahon v John Fairfax Publications Pty Ltd [2010] NSWCA 308

HEARING DATE(S): 25 October 2010

JUDGMENT DATE: 18 November 2010

JUDGMENT OF: Allsop P at 1; Giles JA at 37; Young JA at 63

DECISION: Appeal dismissed with costs. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

CATCHWORDS: PROCEDURE – pleadings – amendment – statement of claim – Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59 – application to file fourth further amended statement of claim refused – primary judge took into account statutory considerations – just and efficient disposal of proceedings – no error in refusing application to amend

LEGISLATION CITED: Civil Procedure Act 2005 (NSW), ss 57, 58, 59, 60

CATEGORY: Principal judgment

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Bi v Mourad [2010] NSWCA 17 CASES CITED: Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 House v The King [1936] HCA 40; 55 CLR 499 Richards v Cornford (No 3) [2010] NSWCA 134 Re Will of Gilbert (1946) 46 SR (NSW) 318