Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham (No 2) [2012] NSWSC 794

Supreme Court New South Wales

Medium Neutral Citation: Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham (No 2) [2012] NSWSC 794 Hearing dates: 13 March 2012 to 20 March 2012 Decision date: 13 March 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: The Spanish Club Limited removed as First Defendant and joined as Second Plaintiff in the proceedings. Detailed rulings on proposed amendments to pleadings. The Plaintiffs to pay the Defendant's costs thrown away by the amendments. Costs of the argument to be costs in the cause. Catchwords: PRACTICE AND PROCEDURE - Joinder - Application for First Defendant to be removed as First Defendant and joined as Second and joined as Second Plaintiff in proceedings. PRACTICE AND PROCEDURE - Amendment of pleadings - Whether amendments should be permitted under ss 58 and 64 of Civil Procedure Act 2005 (NSW). Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 58, 58(2), 64 Corporations Act 2001 (Cth) Pt 5.3A, ss 182, 435C(3)(b)(i), 439A Category: Interlocutory applications Parties: Dolores Correa (First Plaintiff) The Spanish Club Limited (subject to Deed of Company Arrangement) (Second Plaintiff) Kenneth Michael Whittingham (Defendant) Representation: Counsel: V.R.W. Gray/M. Stevens (Plaintiffs) S.D. Robb QC/N. Bearup (Defendants) Solicitors: Somerset Ryckmans (Plaintiffs) Norton Rose (Defendants) File Number(s): 09/290732