Chaker, Patricia v Tompsett, Elizabeth [2011] NSWSC 135

Supreme Court New South Wales

Medium Neutral Citation: Chaker, Patricia v Tompsett, Elizabeth [2011] NSWSC 135 Hearing dates: Thursday, 24 February 2011 Decision date: 02 March 2011 Before: HOEBEN J Decision: Plaintiff's application to file a Further Amended Statement of Claim which includes paragraphs 11, 18, 19, 24(b) and 24(c) of the draft Further Amended Statement of Claim attached to the affidavit of Arthur James Fogarty, sworn 17 January 2011, is refused. Plaintiff is to pay the defendant's costs of the application. Catchwords: PRACTICE AND PROCEDURE - pleadings - amendment - statement of claim - matter having proceeded to trial and on appeal - application to file a further amended statement of claim raising a new issue not previously litigated - lateness of application - lack of explanation for delay - Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 60 - Costs disproportionate to verdict - just determination of the proceedings - application to amend refused. Legislation Cited: Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] 239 CLR 175 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Category: Interlocutory applications Parties: Patricia Chaker - Plaintiff Elizabeth Tompsett - Defendant Representation: Counsel: Ms M Avenell - Plaintiff Ms J Sandford - Defendant Solicitors: TressCox Lawyers - Plaintiff Lamrocks Solicitors & Attorneys - Defendant File Number(s): 2011/00065254