David Richard Hawes -v- Trevor Laurence Dean [2012] NSWSC 535

Supreme Court New South Wales

Medium Neutral Citation: David Richard Hawes -v- Trevor Laurence Dean [2012] NSWSC 535 Hearing dates: 7 February 2012 Decision date: 07 February 2012 Jurisdiction: Equity Division - Corporations List Before: Hammerschlag J Decision: Hearing adjourned. Cross-defendants to pay the cross-claimants' costs thrown away on the indemnity basis, payable forthwith Catchwords: PRACTICE AND PROCEDURE - cross-defendants (plaintiffs) seek leave to amend on the morning of the hearing because their legal advisors failed to plead a defence to the cross-claim, of which they were aware - amendment would necessitate an adjournment - matter finely balanced - proceedings adjourned with indemnity costs order Legislation Cited: Corporations Act 2001 (Cth) Category: Procedural and other rulings Parties: David Richard Hawes - First Plaintiff Hawes Investments Pty Limited ACN 070 877 188 - Second Plaintiff Trevor Laurence Dean - First Defendant T & B Dean Investments Pty Limited ACN 070 907 809 - Second Defendant Hawden Property Group Pty Limited ACN 003 528 345 - Third Defendant Hawden Constructions Pty Limited ACN 098 020 814 - Fourth Defendant Gallway Pty Limited ACN 063 430 937 - Fifth Defendant Representation: Counsel: G.M. McGrath - First and Second Plaintiffs J.E. Lazarus - First, Second and Fifth Defendants Solicitors: Staunton & Thompson - First and Second Plaintiffs JT Law - First, Second and Fifth Defendants File Number(s): 2009/290891