Dewheath Pty Ltd v Edmunds [2013] NSWSC 553

Supreme Court New South Wales

Medium Neutral Citation: Dewheath Pty Ltd v Edmunds [2013] NSWSC 553 Hearing dates: 08/08/2012, 09/08/2012, 10/08/2012 Decision date: 17 May 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Leave to the defendants to file and service an amended Defence on or before 4pm 31 May 2013. (2) I order the defendants to pay the plaintiff's costs of and occasioned by the amendments on an ordinary basis. (3) I order that such costs be paid forthwith. (4) I grant leave to the plaintiff to proceed to an assessment of costs. (5) I stand the proceedings over for further directions to 9am on 7 June 2013 before the Registrar. Catchwords: PROCEDURE - notice of motion - leave sought to file amended defence - withdrawal of admissions - ambiguous statement of claim - additional defences - whether new defences affect the factual dispute between the parties and prejudice the plaintiff - no point of general principle Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Limitation Act 1969 Professional Standards Act 1984 Cases Cited: Dare v Pulham [1982] HCA 70; (1982) 148 CLR 458 McGuirk v University of NSW [2009] NSWSC 1424 at [24] Category: Procedural and other rulings Parties: Dewheath Pty Ltd (P) Mark Strickland Edmunds (D1) Mark Edmunds Associates Pty Ltd (D2) Allianz Australia Insurance Ltd (D3) Representation: Counsel: S J Burchett (P) A J McInerney (D1, D2 & D3) Solicitors: Mason Lawyers (P) TressCox Lawyers (D1, D2 & D3) File Number(s): 2009/297430