Karl Suleman Enterprizes Pty Ltd (In Liq) v Pham & Ors [2013] NSWCA 93

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Karl Suleman Enterprizes Pty Ltd (In Liq) v Pham & Ors [2013] NSWCA 93 Hearing dates: 15 April 2013 Decision date: 26 April 2013 Before: Meagher JA at [1]; Barrett JA at [1] Decision: 1. Application for leave to appeal refused. 2. Applicant pay the respondents' costs of the application. [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: APPEAL - application for leave to appeal - application to amend pleadings in proceedings in Common Law Division - proceedings commenced in 2002 - plaintiff notified substance of proposed amendments in May 2011 - respect in which amendment said to be critical raised by a defence filed in November 2006 - primary judge refused leave - whether arguably erred in exercise of discretion - notwithstanding significance of amendment, decision not "attended with sufficient doubt" to warrant leave to appeal Legislation Cited: Corporations Act 2001 (Cth) Civil Procedure Act 2005 Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Coal & Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; 203 CLR 194 Garrard (t/a Arthur Andersen) v Email Furniture Pty Ltd (1993) 32 NSWLR 663 Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 House v The King [1936] HCA 40; 55 CLR 499 In re the Will of F B Gilbert (dec) (1946) 46 SR (NSW) 318 Jagot v District Court (NSW) [1989] HCA 46; 168 CLR 23 Karl Suleman Enterprizes Pty Ltd (In Liq) v Pham & Ors [2012] NSWSC 645; 90 ACSR 554 Karl Suleman Enterprizes Pty Ltd (In Liq) v Philip Viet Dzung Pham [2011] NSWSC 1405 Karl Suleman Enterprizes Pty Ltd (In Liq) v Philip Viet Dzung Pham [2013] NSWSC 110 Macquarie Bank Ltd v National Mutual Life Association of Australia Ltd (1996) 40 NSWLR 543 Category: Interlocutory applications Parties: Karl Suleman Enterprizes Pty Ltd (In Liq) (Applicant) Philip Viet Dzung Pham (First Respondent) Pham & Associates (Second Respondent) Pham Atic Pty Ltd (Third Respondent) Representation: Counsel: M Ashhurst SC, S J Duggan (Applicant) D R Pritchard SC, M F Newton (Respondents) Solicitors: Swaab Attorneys (Applicant) HWL Ebsworth Lawyers (Respondents) File Number(s): 2013/95010 Decision under appeal Citation: Karl Suleman Enterprizes Pty Ltd (In Liq) v Philip Viet Dzung Pham [2013] NSWSC 110 Date of Decision: 2013-02-28 00:00:00 Before: Beech-Jones J File Number(s): 2002/69495