Levy v Bablis & Anor [2009] NSWSC 890

New South Wales Supreme Court

CITATION : Levy v Bablis & Anor [2009] NSWSC 890

HEARING DATE(S) : 27-28 July 2009

JUDGMENT DATE : 28 July 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 28 July 2009

DECISION : I decline to allow the amendment to the Third Further Amended Statement of Claim.

CATCHWORDS : EQUITY - Undue influence - Proposed amendment to statement of claim would cause unfair delay to hearing

CATEGORY : Procedural and other rulings

CASES CITED : AON Risk Services Australia Limited v Australian National University [2009] HCA 26

Julian Emmanuel Levy (Plaintiff) PARTIES : Peter Bablis (First Defendant) United Producers & Associates Pty Limited ACN 114 655 417 (Second Defendant)

FILE NUMBER(S) : SC 6289/06

Mr S J Stanton (Plaintiff) Mr M Holmes (Plaintiff) Mr J Simpkins SC (First Defendant) COUNSEL : Mr M Condon (First Defendant) Ms P McEniery (First Defendant) Mr A Street SC (Second Defendant) Ms D Hawkins (Second Defendant)

McLachlan Thorpe Partners (Plaintiff) SOLICITORS : Minter Ellison (First Defendant) Slattery Thompson (Second Defendant)

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

SLATTERY J

TUESDAY 28 JULY 2009

6289/06 JULIAN EMMANUEL LEVY v PETER BABLIS AND UNITED PRODUCERS & ASSOCIATES PTY LIMITED JUDGMENT 1 HIS HONOUR: In the opening of these proceedings in the course of argument I enquired of counsel for the plaintiff whether or not the facts in this proceeding as opened to me might found a cause of action in either presumed or actual undue influence.