Rian Lane v Dive Two Pty Ltd [2012] NSWSC 49

Supreme Court New South Wales

Medium Neutral Citation: Rian Lane v Dive Two Pty Ltd [2012] NSWSC 49 Hearing dates: 6 February 2012 - 7 February 2012 Decision date: 09 February 2012 Before: Adamson J Decision: (1) Dismiss the first cross-defendant's notice of motion filed in Court on 6 February 2012. (2) Order the first cross-defendant to pay the defendants' and the second cross-defendant's costs of the motion. Catchwords: PRACTICE AND PROCEDURE - pleadings - amendment - application to amend pleadings - whether issue sufficiently raised - whether issue raised too late in proceedings - exercise of discretion to grant amendment Cases Cited: - Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 - State Rail Authority of New South Wales v Heath Outdoor Pty Limited (1986) 7 NSWLR 170 - Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 - Western Export Services Inc v Jireh International Pty Limited (2011) 86 ALJR 1 Category: Interlocutory applications Parties: Rian Lane (Plaintiff) Dive Two Pty Ltd (First Defendant, First Cross-claimant) William Andrew Todd (Second Defendant, Second Cross-claimant) Horsell International Pty Ltd (First Cross-defendant) Liberty Mutual Insurance Company (Second Cross-defendant) Representation: D Campbell SC with T Meakes (Plaintiff) C V Birch SC with P Lowson (Defendants, Cross-claimants) A S Martin SC with G M Drew (First Cross-defendant) J Sexton SC with D Macfarlan (Second Cross-defendant) Beston Macken McManis (Plaintiff) Slater & Gordon (Defendants, Cross-claimant) McLachlan Chilton (First Cross-defendant) Riley Gray-Spencer (Second Cross-defendant) File Number(s): 2008/00289706