NSW Caselaw
New South Wales Supreme Court
CITATION : Bailey v Bailey [2009] NSWSC 931
HEARING DATE(S) : 2 Setember 2009
JUDGMENT DATE : 8 September 2009
JURISDICTION : Equity Division
JUDGMENT OF : Rein J
DECISION : Leave granted to file Fourth Further Amended Statement of Claim without the words following "at law" in paragraph 55. Plaintiffs to pay the second and third defendants' costs of the motion.
CATCHWORDS : PROCEDURE – application to file fourth further amended statement of claim – previous agreement between parties not to advance claims in relation to certain issues which agreement has previously been relied upon by plaintiffs to resist the filing of a cross claim – plaintiffs now seeking leave to advance a claim in relation to those same issues – whether caught by agreement and consideration of the interests of justice and ss 56 and 57 Civil Procedure Act 2005
LEGISLATION CITED : Civil Procedure Act 2005
CATEGORY : Procedural and other rulings
Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27 CASES CITED : Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Zisis v Knighton [2008] NSWCA 42
Bruce Clyde Bailey (First Plaintiff) Janet Beatrice Shafik Bailey (Second Plaintiff) PARTIES : Arnold Neil Bailey (First Defendant) Glenice Margaret Bailey (Second Defendant) Annette Mavis Bailey (Third Defendant)
FILE NUMBER(S) : SC 2313/02
COUNSEL : D Grieve QC, C Bevan (First and Second Plaintiffs) M Pesman (Second and Third Defendants)
SOLICITORS : Turner Freeman (First and Second Plaintiffs) Australegal (Second and Third Defendants)
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