Signorelli v MG South Pty Ltd [2012] NSWSC 1329

Supreme Court New South Wales

Medium Neutral Citation: Signorelli v MG South Pty Ltd [2012] NSWSC 1329 Hearing dates: 29 October 2012 Decision date: 02 November 2012 Jurisdiction: Common Law Before: Harrison J Decision: 1. Grant leave to the second defendants to file an amended defence in the form proposed. 2. Order the second defendants to pay the costs of the plaintiff of and incidental to the second defendants' application for leave to amend the defence on an indemnity basis. 3. Order that the costs of the hearing for any day or days beyond the first two days scheduled for the trial that are caused or occasioned by the second defendants' amended defence are to be the plaintiff's costs in the proceedings on the ordinary basis. Catchwords: PROCEDURE - defence - application for leave to amend - Civil Liability Act 2002 ss 34 and 35 - proportionate liability - whether apportionable claim - whether claim sufficiently arguable to justify grant of leave - delay in bringing application - leave granted - costs payable on indemnity basis Legislation Cited: Civil Liability Act 2002 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Mitchell Morgan Nominees v Vella [2011] NSWCA 390 Reinhold v New South Wales Lotteries Corporation (No 2) [2008] NSWSC 187 Category: Procedural and other rulings Parties: Paul John Signorelli (Plaintiff) MG South Pty Ltd (First Defendant) P E Baltins, A L Mattiussi, L Polito & R Tosolini (Second Defendants) Representation: J L Sharpe (Plaintiff) J S Emmett (Second defendant) Costa & Associates (Plaintiff) Lander & Rogers (First Defendant) Middletons (Second Defendants) File Number(s): 2010/373492