Technology Leasing Limited v Stephen and Robyn Eyre Pty Ltd t/as Hot Shots Express and Ors [2011] NSWLC 17

Local Court New South Wales

Medium Neutral Citation: Technology Leasing Limited v Stephen and Robyn Eyre Pty Ltd t/as Hot Shots Express and Ors [2011] NSWLC 17 Hearing dates: 21 & 30/06/2011 Decision date: 08 July 2011 Jurisdiction: Civil Before: Magistrate Atkinson Decision: Leave granted for the defendants/cross-claimants to amend their pleadings Catchwords: CIVIL PROCEEDINGS - Amendment of pleadings during hearing - Effect of failure to comply with order for discovery Legislation Cited: Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Halpin v Lumley General Insurance Ltd [2009] NSWCA 372 Richards v Cornford (No 3) [2010] NSWCA 134 Category: Interlocutory applications Parties: Technology Leasing Limited - plaintiff/cross-defendant Stephen and Robyn Eyre Pty Ltd t/as Hot Shots Express - first defendant/cross-claimant Robyn Eyre - second defendant/cross-claimant Stephen Eyre - third defendant/cross-claimant Representation: Mr Carter for the plaintiff/cross-defendant Mr Crossland for the defendants/cross-claimants Horton Rhodes for the plaintiff/cross-defendant Attwood Marshall Lawyers for the defendants/cross-claimants File Number(s): 2010/287724 Publication restriction: Nil

JUDGMENT 1The defendants have applied for leave to file and serve a further amended defence and an amended statement of cross-claim. The application was made after day four of the hearing of the proceedings. The hearing will continue on 22 and 23 August 2011. 2The proceedings are being heard with four other cases (i.e. the "the 21st Century proceedings", "the Colan Bros proceedings", "the Jorja Investments proceedings" and "the Shade and Shelter proceedings"). All cases involve similar facts and the same rental agreement. 3All witnesses have given their evidence and been excused in the Eyre proceedings, the Jorja Investments proceedings and the Shade and Shelter proceedings. The defendants are yet to call their witnesses in the Colan Bros proceedings and the 21st Century proceedings. 4To minimise costs, I dispensed with the requirement for the defendants to file and serve a notice of motion in relation the amendment application. The defendant did not prepare an affidavit in support of its application. 5The proceedings were re-listed for argument in relation to the amendment application and this judgment sets out my decision on the application.