Freitas v Bluescope Steel (AIS) Pty Ltd [2012] NSWSC 1194

Supreme Court New South Wales

Medium Neutral Citation: Freitas v Bluescope Steel (AIS) Pty Ltd [2012] NSWSC 1194 Hearing dates: 21/09/2012 Decision date: 21 September 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) The third defendant has leave to withdraw the admission contained in its defence; (2) The third defendant has leave to file and serve an amended defence on or before 4pm 28 September 2012. (3) I grant Transfield leave to file the reply to the defence to the fourth cross-claim on or before Friday 5 October 2012. (4) I order the third defendant to pay the second defendant's costs of the motion on an indemnity basis. (5) I order that the fourth cross-claimant serve all evidence upon which it proposes to rely in reply to the fourth cross-defendant's defence on or before 4pm 19 October 2012. Catchwords: PRACTICE AND PROCEDURE - leave to amend pleadings - futility or abuse of process - discretion Legislation Cited: Civil Procedure Act 2005 Law Reform (Miscellaneous Provisions) Act 1946 Category: Procedural and other rulings Parties: John Freitas (P) Bluescope Steel AIS Pty Ltd (D1) Transfield Services (Australia) Pty Ltd (D2) K&R Fabrications (W'Gong) Pty Ltd (D3) Representation: Counsel: Mr Cooley (P) B Wilson (D2) Mr Greenhalgh (D1) R Gambi (D3) Mr Stiles (Cross-Defendant) G Polczynski (Cross-Defendant) Solicitors: Bussoletti Lawyers (P) Bartier Perry (D1) DLA Piper Australia (D2) McCabes (D3) File Number(s): 2010/353117