Signorelli v. MG South Pty Ltd [2012] NSWSC 1418

Supreme Court New South Wales

Medium Neutral Citation: Signorelli v. MG South Pty Ltd [2012] NSWSC 1418 Hearing dates: 12/10/2012 Decision date: 12 October 2012 Jurisdiction: Common Law Before: SG Campbell J Decision: (1) The first defendant have leave to amend its defence in accordance with the amended defence filed on 24 August 2012 nunc pro tunc; (2) The first defendant pay the plaintiff's costs of this application on the ordinary basis; (3) The plaintiff to have liberty to apply in respect of costs already incurred wasted by the late application for amendment; (4) I stand the proceedings over for directions before the Registrar on 19 October 2012 for the parties to inform the Court whether the hearing dates can be maintained. Catchwords: PROCEDURE - application to amend defence - whether point raised is sufficiently arguable to justify the grant of leave Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Cement Australia Pty Ltd and Ors v Australian Competition and Consumer Commission (2010) 187 Kayteal Pty Ltd v Dignan [2011] NSWSC 197 Mitchell Morgan Nominees Pty Ltd and Anor v Vella and Ors [2011] NSWCA 390 Perpetual Trustee Company Ltd v Milanex Pty Ltd (in liq) [2011] NSWCA 367 Category: Interlocutory applications Parties: Paul John Signorelli (plaintiff) MG South Pty Ltd (first defendant) P.E. Baltins & A.L. Mattiussi & L.Polito & R.Tosolini (second defendants) Representation: Counsel: J L Sharpe (plaintiff) D McLure (first defendant) N Treloar (solicitor) (second defendant) Solicitors: Costa & Associates (plaintiff) Lander & Rogers (first defendant) Middletons (second defendants) File Number(s): 2010/373492