Lisa Maree Campbell as Administrator ad litem of the Estate of the Late Ralph Gordon Barry Campbell v Commonwealth Bank of Australia [2014] NSWCA 316

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lisa Maree Campbell as Administrator ad litem of the Estate of the Late Ralph Gordon Barry Campbell v Commonwealth Bank of Australia [2014] NSWCA 316 Hearing dates: 13/08/2014 Decision date: 13 August 2014 Before: Emmett JA at [1], [23]; Tobias AJA at [22] Decision: 1 The application for leave is dismissed. 2 The applicants should pay the respondents' costs. [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: APPEAL - grant of leave to file a further amended statement of claim - whether that grant was made in error - whether the amendments only amounted to a different claim in law - whether prejudice would be occasioned to the defendants Legislation Cited: Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) Real Property Act 1900 (NSW), ss 42, 43 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 House v The King [1936] HCA 40; 55 CLR 499 Category: Principal judgment Parties: Lisa Maree Campbell as Administrator ad litem of the Estate of the Late Ralph Gordon Barry Campbell (First Applicant) Pamela Jean Campbell (Second Applicant) Commonwealth Bank of Australia (First Respondent) Gregory William Campbell (Second Respondent) Jennifer Ivy Campbell (Third Respondent) Representation: Counsel: A Rogers (Applicants) P Dowdy (First Respondent) Solicitors: Harrington Maguire & O'Brien (Applicants) Gadens Lawyers (First Respondent) File Number(s): 2014/00121022 Publication restriction: Nil Decision under appeal Citation: Collins v Campbell [2014] NSWSC 310 Date of Decision: 2014-03-21 00:00:00 Before: Davies J File Number(s): 2012/185361