NSW Caselaw
New South Wales Supreme Court
CITATION : Westpoint Management Ltd (Receivers and Managers Appointed) (in Liquidation) & Anor v QBE Insurance (Australia) Ltd [2009] NSWSC 989
HEARING DATE(S) : 18/09/2009 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 18 September 2009
DECISION : Leave to amend the Commercial List Response and Commercial List Cross Claim Statement refused.
CATCHWORDS : Practice and Procedure - Late application for leave to amend defendant's pleadings - Aon Risk Services Australia Ltd v Australian National University - Overriding Purpose Rule - Principled exercise of discretion to dismiss motion for leave to amend
Civil Procedure Act 2005 (NSW). LEGISLATION CITED : Court Procedures Act 2004 (ACT) Uniform Civil Procedure Rules 2005 (NSW)
CATEGORY : Procedural and other rulings
CASES CITED : American Re-insurance Co v Gervay [2005] NSWSC 802 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27
Westpoint Management Limited (Receivers and Managers Appointed) (In Liquidation) (First Plaintiff) PARTIES : Perpetual Trustee Company Limited (Second Plaintiff) QBE Insurance (Australia) Ltd (Defendant)
FILE NUMBER(S) : SC 50208/08
COUNSEL : Mr G J Inatey SC, Mr B Jones (Plaintiff) Mr M Henry (Defendant/Cross claimant)
SOLICITORS : Blake Dawson Waldron (Plaintiff) Polczynski Lawyers (Defendant/Cross Claimant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
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