Perpetual Trustee Company Ltd v Stojcevski [2013] NSWSC 1612

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Ltd v Stojcevski [2013] NSWSC 1612 Hearing dates: 5 November 2013 Decision date: 05 November 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave to the First Defendant to file a Second Further Amended Defence in the form attached to the Notice of Motion, such Defence to be filed by 12 November 2013. 2. Otherwise dismiss the Notice of Motion filed 5 November 2013. Catchwords: PROCEDURE - pleadings - late application to amend defence and file a cross-claim - proposed cross-claim to join new parties - leave given to file cross-claim earlier but no cross-claim filed - hearing date appointed before present application - filing of cross-claim would result in vacation of hearing date - information for cross-claim available earlier - lack of expedition by defendant - no explanation for delays - amended defence not raising new matters - leave to amend defence - leave refused to bring cross-claim Legislation Cited: Civil Procedure Act 2005 Contracts Review Act 1980 Trade Practices Act 1974 (Cth) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 ANZ v Mio Amico Pty Ltd [2013] NSWSC 716 Commonwealth Bank of Australia v Susan Hannaford Pty Ltd (No 2) [2013] NSWSC 574 Rippon v Chilcotin [2001] NSWCA 142; (2001) 53 NSWLR 198 Yerkey v Jones (1939) 63 CLR 649 Category: Interlocutory applications Parties: Perpetual Trustee Company Ltd (Plaintiff) Branko Stojcevski (First Defendant) Lesley Alexandra Stojcevski (Second Defendant) Representation: Counsel: C H Cassimatis (Plaintiff) J R Wilson (First Defendant) No appearance (Second Defendant) Solicitors: Hicksons Lawyers (Plaintiff) RMB Lawyers (First Defendant) No appearance (Second Defendant) File Number(s): 2013/60807