Samir and Susan Gindy v Holden Street Pty Ltd [2012] NSWSC 1269

Supreme Court New South Wales

Medium Neutral Citation: Samir and Susan Gindy v Holden Street Pty Ltd [2012] NSWSC 1269 Hearing dates: 10 October 2012 Decision date: 24 October 2012 Jurisdiction: Equity Division Before: AsJ Macready Decision: Leave granted to file amended pleading provided: 1. Cross-claimant to pay the costs thrown away as a result of the amendment 2. Cross-claimant pay the costs of the plaintiffs in respect of all directions hearings in this court from 31 May 2011 to the present incurred by the plaintiffs except to the extent that orders have already been made to date in respect of any particular days in favour of the plaintiffs Catchwords: PROCEDURE - leave sought to amend cross-claim - substantial delays in proceedings - discretion to allow amendments - prejudice to parties Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Aon Risk Services Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Category: Interlocutory applications Parties: Samir Gindy Plaintiff Susan Gindy Plaintiff Holden Street Pty Ltd 1st Defendant Murray John Hall, 2nd Defendant John Edward Magrath 3rd Defendant Representation: Counsel: E.W. Young (Plaintiff) L.T. Livingston (3rd Defendant) Solicitors: Plaintiff: Colin Biggers & Paisley

Third Defendant: Shine Lawyers File Number(s): 2007 / 293783