Lee v Keddie [2011] NSWCA 2

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lee v Keddie [2011] NSWCA 2 Hearing dates: Friday 21 January 2011 Decision date: 21 January 2011 Before: Allsop P at 1, Tobias JA at 17 Decision: 1 The application for leave to appeal be dismissed. 2. The application to vacate the hearing in the defamation list in February be dismissed. 3. The applicants pay the respondent's costs of the application. [Note: 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 - Civil - pleadings - amendment - refusal to allow amendment - application for leave to appeal - application to vacate hearing date - no question of principle Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175; House v R [1936] HCA 40; (1936) 55 CLR 499; McMahon v John Fairfax Publications Pty Ltd [2010] NSWCA 308; Richards v Cornford (No 3) [2010] NSWCA 134 Category: Principal judgment Parties: Siu Sheng Lee (First Applicant) Hong Mei Li (Second Applicant) Hong Liu (Third Applicant) Russell Keddie (First Respondent) Scott Roulstone (Second Respondent) Tony Barakat (Third Respondent) Representation: Counsel: Mr P Gray SC, Ms C Traill (Applicants) Mr T Tobin QC, Mr R Glasson (Respondents) Solicitors: Horowitz & Bilinsky Solicitors (Applicants) Verekers Solicitors (Respondents) File Number(s): 2007/265163 Decision under appeal Jurisdiction: 9111 Date of Decision: 2010-12-17 00:00:00 Before: Nicholas J File Number(s): 07/265163