New South Wales Land and Housing Corporation and Anor v Frances Joy Reilly and Anor [2012] NSWCA 286

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: New South Wales Land and Housing Corporation and Anor v Frances Joy Reilly and Anor [2012] NSWCA 286 Hearing dates: 13 August 2012 Decision date: 12 September 2012 Before: Beazley JA Decision: Notice of motion dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - Pleadings - Application for leave to further amend notice of appeal - Prejudice - Party should be bound by the case run at trial - Proposed amendments address matters not in issue at trial - Whether new point can be raised on appeal - Discretion of the court - Forensic considerations - Cost implications - Uniform Civil Procedure Rules 2005, rr 19.1, 51.1 - Application dismissed.

PRACTICE AND PROCEDURE - Pleadings - Leave required to withdraw express admissions in pleadings - Leave not sought in application to further amend notice of appeal - Uniform Civil Procedure Rules 2005, r 12.6. Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Dust Diseases Tribunal Regulation 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Drabsch v Switzerland General Insurance Co Ltd and Ors (Supreme Court of New South Wales, Santow J, 16 October 1996, unreported) Maile v Rafiq [2005] NSWCA 410 University of Wollongong v Metwally (No 2) [1985] HCA 28; 59 ALJR 481 Wyer v Hunt [2005] ACTSC 15 Category: Interlocutory applications Parties: New South Wales Land and Housing Corporation (First Appellant) State of New South Wales (Second Appellant) Frances Joy Reilly (as legal personal representative of the estate of the late Terry James Reilly (First Respondent) Malabar Electric Pty Limited (Second Respondent) Representation: Counsel: D Higgs SC; J Burn (Appellants) J McIntyre SC (First Respondent) Solicitors: Crown Solicitor (Appellants) Turner Freeman (First Respondent) Moray & Agnew (Second Respondent) File Number(s): CA 2012/48209 Publication restriction: No Decision under appeal Citation: Reilly v Malabar Electric Pty Limited & Ors [2011] NSWDDT 9 Before: Kearns J File Number(s): DDT 383/2009