Michael Thomson & Anor v Hugh Williamson & Ors [2011] NSWSC 1630

Supreme Court New South Wales

Medium Neutral Citation: Michael Thomson & Anor v Hugh Williamson & Ors [2011] NSWSC 1630 Hearing dates: Thursday, 1 December 2011 Decision date: 01 December 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Decline to strike out paragraph of defendants' defence. Catchwords: PRACTICE AND PROCEDURE - Plaintiffs apply to strike out paragraphs of defendants' defence - paragraphs not consequential to amendments to statement of claim and raise new matters - whether leave ought be granted to raise such matters - paragraph contains seriously arguable defence - no reason identified why not raised earlier - balance of prejudice - interests of justice favour defence pleaded being maintained. Legislation Cited: (NSW) Civil Procedure Act 2005, s 56 (NSW) Professional Standards Act 1994, s 33 (Cth) Trade Practices Act 1974, s 51AC Cases Cited: Strata Plan 61287 & Anor v Brookfield Multiplex Limited & Ors [2011] NSWSC 1302 Category: Procedural and other rulings Parties: Michael Thomson (first plaintiff) Bengoal Pty Limited (second plaintiff) Hugh Williamson (first defendant) Williamson Solicitors Pty Limited (second defendant) Hugh Williamson and Russell Stuart Debney trading as Debney Williamson Lawyers (ABN 91 380 683 157) (third defendant) Representation: Counsel: A J McInerney (plaintiffs) A Mathas (solicitor - defendants) Solicitors: Garland Hawthorn Brahe Solicitors (plaintiffs) Norton Rose Australia (defendants) File Number(s): 2009/290875