Commonwealth Bank of Australia v Susan Hannaford Pty Ltd (No. 2) [2013] NSWSC 574

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Susan Hannaford Pty Ltd (No. 2) [2013] NSWSC 574 Hearing dates: 10 May 2013 Decision date: 23 May 2013 Jurisdiction: Common Law Before: Davies J Decision: (1) The Third Defendant's Notice of Motion filed 12 April 2013 is dismissed. (2) The Third Defendant is to pay the Plaintiff's costs of the Motion. Catchwords: PROCEDURE - amendment - claim on guarantee - late application by one guarantor to amend cross-claim - no explanation for delay - new claim raised by co-guarantor two years earlier - delay by defendants throughout proceedings - amendment refused. Legislation Cited: Australian Securities And Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 Consumer Credit Code (NSW) Contracts Review Act 1980 Real Property Act 1900 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Commonwealth Bank of Australia v Susan Hannaford Pty Limited and ors [2012] NSWSC 1094 Commonwealth Bank of Australia v Susan Hannaford Pty Ltd [2013] NSWSC 342 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Queensland v J L Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146 Rippon v Chilcotin Pty Ltd [2001] NSWCA 142; (2001) 53 NSWLR 198 Category: Interlocutory applications Parties: Commonwealth Bank of Australia (Plaintiff) Susan Hannaford Pty Ltd (First Defendant) Marquessa Hannaford (Second Defendant) Susan Louise Hannaford (Third Defendant) Representation: Counsel: J White (Plaintiffs) Z Mandoh (Defendants) Solicitors: Gadens Lawyers (Plaintiffs) Mandoh & Associates (Defendants) File Number(s): 2010/4800