Bird v Bird (No 3) [2012] NSWSC 647

Supreme Court New South Wales

Medium Neutral Citation: Bird v Bird (No 3) [2012] NSWSC 647 Hearing dates: 6 March 2012 Decision date: 06 March 2012 Jurisdiction: Equity Division Before: Rein J Decision: The plaintiff's motion dismissed. Catchwords: PROCEDURE - Supreme Court procedure - New South Wales - leave to amend pleadings - where plaintiff's motion brought at commencement of hearing - where amendments make fresh claims against fourth defendant - where plaintiff has been on notice for a long time of those claims - where plaintiff has in the past stated in pleadings that relief is not sought against fourth defendant - where fourth defendant, now deceased, has not been given an opportunity to defend herself - amendment would be to the prejudice of the defendants Legislation Cited: Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Dennis v Australia Broadcasting Corporation [2008] NSWCA 37 Category: Procedural and other rulings Parties: Deborah Michelle Bird (Plaintiff) Warrick Lindsay Bird (First defendant) Rodney David Bird (Second defendant) Herbert James Cannington (Third defendant) Mona Ethel Bird (Fourth defendant) Representation: Counsel: J S Drummond (Plaintiff) D E Grieve QC and M K Condon (First and second defendants) C Champion (Third defendant) Solicitors: Wilson & Co Lawyers (Plaintiff) Hills Solicitors (First and second defendants) Middletons (Third defendant) File Number(s): SC 2005/262267