NSW Caselaw
New South Wales Supreme Court
CITATION : Capital Finance Australia Limited v Smith and Anor [2009] NSWSC 249
HEARING DATE(S) : 27 March 2009
JUDGMENT DATE : 9 April 2009
JUDGMENT OF : Schmidt AJ
1. The plaintiff's motion is declined. DECISION : 2. The defendants are granted leave to file the proposed further amended defence. 3. The plaintiff pay the defendants' costs of the motions, as agreed or assessed.
CATCHWORDS : PROCEDURE - miscellaneous procedural matters - other matters - notice of motions - leave sought to file further amended defence - set off claims - plaintiff seeking summary judgment - whether there is no defence to action - plaintiff's motion declined - leave granted to file further amended defence - costs
Australian Securities and Investment Commission Act 2001 (Cth) Civil Procedure Act 2005 LEGISLATION CITED : Conveyancing Act 1919 Corporations Act 2001 (Cth) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Demagogue Pty Ltd v Ramensky and Another (1992) 39 FCR 31 CASES CITED : Dey v Victorian Railway Commissioners (1949) 78 CLR 62 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 Gatward v Kleem (1955) 72 WN (NSW) 354 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
Capital Finance Australia Limited - Plaintiff PARTIES : David Anthony Smith - First Defendant Kenneth Ian Davidson - Second Defendant
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