WIN Television NSW Pty Ltd V Frank G Mclnerney and others (trading as the law firm "Maguire & Mclnerney") [2013] NSWSC 1327

Supreme Court New South Wales

Medium Neutral Citation: WIN Television NSW Pty Ltd V Frank G Mclnerney and others (trading as the law firm "Maguire & Mclnerney") [2013] NSWSC 1327 Hearing dates: 29 August 2013 Decision date: 13 September 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Grant leave to amend the plaintiff's Amended Statement of Claim in accordance with annexure A to the plaintiff's Notice of Motion filed on 29 August 2013. Catchwords: PROCEDURE - miscellaneous procedural matters - amendment to pleadings - plaintiff gives notice of further amendments to the Amended Statement of Claim six weeks before trial - argument concerning amendment takes place six weeks before trial - proceedings relate to events that occurred in 1988 - amendments relate to events that occurred in 1995 and 1998 - whether amendments should be allowed - whether the defendant would suffer prejudice through the making of the amendments - whether plaintiff has explained the lateness of the amendments - whether the plaintiff would be prejudiced were the amendments not to be allowed. Legislation Cited: Civil Procedure Act Civil Procedure Act s 56, s 57, s 58, s 64, s 65 Fair Trading Act 1987 s 42 Limitation Act 1969 s 14, s 55 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 DJZ Constructions Pty Ltd v Pritchard t/as Pritchard Law Group (No 2) [2009] NSWSC 215 Downing v WIN Television (NSW) Pty Ltd and Others (No 2) [2011] NSWSC 563 Downing v WIN Television (NSW) Pty Ltd and Others (No 4) [2011] NSWSC 1257 Downing v WIN Television (NSW) Pty Ltd and Others [2010] NSWSC 1132 Karl Suleman Enterprizes Pty Ltd (in liquidation) v Pham and Others [2013] NSWCA 93 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Category: Interlocutory applications Parties: Plaintiff: WIN Television NSW Pty Ltd Defendants: Frank G McInerney, John E Driscoll, Mark A McDonald And Michael E Davies (trading as the law firm partnership known as 'Maguire & McInerney') Representation: Counsel: Plaintiff: TGR Parker SC Defendants: S Donaldson SC, M Newton Solicitors: Plaintiff: Thomsons Lawyers Defendants: HWL Ebsworth Lawyers File Number(s): 2009/288754