Frontier Assets Pty Limited v Fishburn [2011] NSWSC 1298

Supreme Court New South Wales

Medium Neutral Citation: Frontier Assets Pty Limited v Fishburn [2011] NSWSC 1298 Hearing dates: 27 September 2011 Decision date: 02 November 2011 Jurisdiction: Common Law Before: Rothman J Decision: (i) The plaintiff has leave to file a fourth further amended statement of claim in the form relied upon during the course of the motion; (ii) Costs of the motion be costs in the cause; (iii) The plaintiff pay the defendants' costs thrown away by any amendment. Catchwords: PRACTICE AND PROCEDURE - amendments to claim - hearing not yet fixed - no delay occasioned - balance right to plead with case management - amendment allowed Legislation Cited: Civil Liability Act 2002 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Hadley v Baxendale (1854) 9 Ex 341 Iannello v Sharpe [2007] NSWCA 61 Mallick v Parish (1916) 16 SR (NSW) 305 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Photo Production Ltd v Securicor Transport Ltd [1980] AC 827 at 849-850 Robinson v Harman (1848) 1 Exch 850 at 855; (1848) 154 ER 363 Category: Procedural and other rulings Parties: Frontier Assets Pty Limited (plaintiff) Michael George Fishburn (first defendant) John James Watson (second defendant) Christopher Martin O'Brien (third defendant) Sam Couper (fourth defendant) Stephen Campbell (fifth defendant) Michael Bigelow (sixth defendant) Tod Ritchie (seventh defendant) Representation: Counsel G P George (for the plaintiff) D A Lloyd (for the first to seventh defendants) Solicitors Kalfus Legal (for the plaintiff) File Number(s): 2008/00289361