Connections Total Fitness for the Family Pty Limited v Selkirk Pastoral Co Pty Limited (No. 2) [2014] NSWSC 471

Supreme Court New South Wales

Medium Neutral Citation: Connections Total Fitness for the Family Pty Limited v Selkirk Pastoral Co Pty Limited (No. 2) [2014] NSWSC 471 Hearing dates: 24 April 2014 Decision date: 24 April 2014 Before: Slattery J Decision: The amendment proposed in paragraph 30(c) of the proposed Further Amended Statement of Claim disallowed. Other proposed amendments allowed. Catchwords: PROCEDURE - refusal to allow amendment to statement of claim - proceedings separated into a hearing as to the terms of the parties' contract and a damages hearing - after findings made in the contract hearing plaintiffs sought to amend statement of claim to include a claim for consequential loss - no indication of proposed claim for consequential loss given to the Court prior to the making of orders for the two separate hearings - an amendment of the statement of claim would probably require the recall of the plaintiffs for further cross-examination - prior to separation of the hearings the plaintiffs made representations to the Court that the debts the subject of contest in the damages hearing would be similar to those pleaded - proposed claim for consequential loss raises new and different issues of causation of loss. Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 310 Connections Total Fitness for the Family Pty Limited v Selkirk Pastoral Co Pty Limited [2014] NSWSC 184 Hadley v Baxendale [1854] 9 Exch 341 Koufos v C Czarnikow Limited [1969] 1 AC 350 Wenham v Ella (1972) 127 CLR 454 Category: Costs Parties: First Plaintiff: Connections Total Fitness for the Family Pty Limited (ACN 134 011 091) Second Plaintiff: Connections Health Clubs of Australia Pty Limited (ACN 134 010 656) Third Plaintiff: Peter Sheehy Fourth Plaintiff: David Wright Defendant/Cross-Claimant: Selkirk Pastoral Co Pty Limited (ACN 085 917 059) Representation: Counsel: Plaintiffs: A.D. Crossland Defendant: N. Bilinsky Solicitors: Plaintiffs: Karen Watson, Meehans Solicitors Defendant: Geoff Lloyd, Caldwell, Martin, Cox Solicitors File Number(s): 2013/169953 Publication restriction: No