Marshall v Prescott (No 2) [2013] NSWSC 1254

Supreme Court New South Wales

Medium Neutral Citation: Marshall v Prescott (No 2) [2013] NSWSC 1254 Hearing dates: 30 August 2013 Decision date: 30 August 2013 Jurisdiction: Common Law Before: Beech-Jones J Decision: Plaintiff directed to file further amended statement of claim reflecting findings in the judgment. Catchwords: PRACTICE AND PROCEDURE - application to amend amended statement of claim - where application made after hearing - Civil Procedure Act, s.64. Legislation Cited: - Civil Procedure Act 2005 - Court Procedures Rules 2006 (ACT) Cases Cited: - Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 - Beach Petroleum NL v Abbott Tout Russell Kennedy [1999] NSWCA 408; 48 NSWLR 1 - Cropper v Smith (1884) 26 Ch D 700 - Marshall v Prescott [2013] NSWCA 152 - Tildesley v Harper (1878) 10 Ch D 393 Category: Interlocutory applications Parties: Margaret Lesley Marshall (First Plaintiff) Kim Neil Marshall (Second Plaintiff) Michael Prescott (Defendant) Representation: Counsel: C.J. Bevan, E.W. Young (Plaintiffs) J.C. Kelly SC, B. McManus (Defendant) Solicitors: Turner Freeman (Plaintiffs) Colin Biggers & Paisley (Defendant) File Number(s): 2009/297404

EX TEMPORE Judgment

On application by Plaintiffs to amend 1Before me is an application by the plaintiffs to amend their amended statement of claim. The application has been made after a five day hearing and most of the submissions were filed or presented. Although some minor amendments are not opposed by the defendant, he opposes the bulk of the application.