Perpetual Trustees Victoria Limited v Ann Marie Menzies [2011] NSWSC 1273

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustees Victoria Limited v Ann Marie Menzies [2011] NSWSC 1273 Hearing dates: 4, 5, 13 & 14 April 2011 Decision date: 28 October 2011 Jurisdiction: Common Law Before: Adams J Decision: 1.Leave is granted to rely on the proposed third amended statement of claim and the amended reply. 2.First and second plaintiffs pay the costs thrown away by the amendments. Catchwords: PROCEDURE - Application for leave to amend pleadings - amendments not previously appreciated - delay not as a result of tactical or intentional decision - no or minimal prejudice - directions to be made to cure any prejudice. Legislation Cited: Trade Practices Act 1974 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 ALR 175 Barroora Pty Ltd v Provincial Insurance Limited (1992) 26 NSWLR 170 Co-Operative Bulk Handling Ltd v Jennings Industries Limited (1996) 17 WAR 257 Mizzi v Reliance Financial Services Pty Limited & Ors [2007] NSWSC 37 Silver v Dome Resources NL 2007 NSWSC 455 Trident General Insurance Co Ltd v McNice Bros Pty Ltd (1988) 165 CLR 107 Waterman v Gurling Australia Insurance Pty Ltd 65 NSWLR 300 Winterton Constructions Pty Limited v Hambros Australia Ltd (1991) 101 ALR 363 Woodside Petroleum Development Pty Ltd v H & R - E & W Ltd (1997) 18 War 539 Category: Interlocutory applications Parties: Perpetual Trustees Victoria Limited (Plaintiff) Ann Marie Menzies (Defendant) Representation: G. Sirtes SC & D. Parish (Plaintiff) G. Curtin SC (Second Defendant Mills Oakley Lawyers (Plaintiff) Gilchrist Connell (Second Defendant) File Number(s): 2007/263094