Australian Winch & Haulage Company Pty Ltd v Philip Archibald Collins & Anor [2013] NSWCA 232

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian Winch & Haulage Company Pty Ltd v Philip Archibald Collins & Anor [2013] NSWCA 232 Hearing dates: 11.07.13 Decision date: 11 July 2013 Before: Emmett JA [1]; Leeming JA [9]; Sackville AJA [10] Decision: The court orders that: The application to amend the proposed cross-appeal be dismissed. [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: PROCEDURE - civil - pleadings - leave to amend proposed cross-appeal to add new ground refused - where defence did not put plaintiff on notice and involves factual matters Legislation Cited: Civil Procedure Act 2005 Construction Safety Regulation 1950 reg 73 Category: Interlocutory applications Parties: Australian Winch & Haulage Company Pty Ltd - appellant Philip Archibald Collins - first respondent Sydney Ports Corporation - second respondent Representation: Counsel: M T McCulloch SC/S J Maybury - appellant L King SC/P Stockley - first respondent D J Hooke SC/N J Broadbent - second respondent Solicitors: HWL Ebsworth Lawyers - appellant Higgins Lawyers - first respondent Hicksons Lawyers - second respondent File Number(s): 2012/358038 Decision under appeal Jurisdiction: 9111 Citation: [2012] NSWSC 115 Date of Decision: 2012-02-24 00:00:00 Before: Harrison J File Number(s): SC 2009/296483