First Mortgage Managed Investments Limited v Pittman (No.3) [2015] NSWSC 162

Supreme Court New South Wales

Medium Neutral Citation: First Mortgage Managed Investments Limited v Pittman (No.3) [2015] NSWSC 162 Hearing dates: 12 February 2015 Date of orders: 06 March 2015 Decision date: 06 March 2015 Jurisdiction: Common Law Before: Garling J Decision: (1) Grant leave to the cross-defendant to the Second Cross-claim to file in Court the Notice of Motion dated 4 February 2015. (2) Grant leave to the cross-defendant to the Second Cross-claim to file in Court an affidavit of Ms Margot Locke dated 4 February 2015. (3) Order that the Notice of Motion dated 4 February 2015 be dismissed. (4) Order the cross-defendant to the Second Cross-claim to pay the Cross claimant's cost of the Motion. Catchwords: PROCEDURE – civil – application – re-open Second Cross-claim to withdraw admissions – proceedings have been fully determined – applicant has previously made deliberate decision not to participate in hearing on then existing proceedings - prejudice to cross-claimants if application granted – potential for inconsistent findings if new evidence adduced – contrary to administration of justice for Court to make inconsistent findings – not in interests of justice to grant application – application dismissed Legislation Cited: Civil Procedure Act 2005 Contracts Review Act 1980 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1 First Mortgage Managed Investments Ltd v Basil James Pittman [2012] NSWSC 1332 First Mortgage Managed Investments Pty Ltd v Pittman (No.2) [2014] NSWCA 272 First Mortgage Managed Investments Pty Ltd v Pittman (No.3) [2014] NSWCA 361 First Mortgage Managed Investments Pty Ltd v Pittman [2014] NSWCA 110 First Mortgage Management Investments Pty Ltd v Pittman (No.2) [2014] NSWSC 1929 National Parks and Wildlife Service v Pierson [2002] NSWCA 273; (2002) 55 NSWLR 315 Category: Procedural and other rulings Parties: First Mortgage Managed Investments Limited (P) Basil James Pittman (D1, Cross-Claimant) Rex Neil Webster (D2, Cross-Claimant) Margot Locke (D on 2nd Cross-Claim) Christopher M Edwards (D3) Representation: Counsel: J Lazarus (Cross-Claimants on 2nd Cross-Claim) M Rosenblatt (Defendant to 2nd Cross-Claim)