Bank of Queensland v Awad [2015] NSWSC 381

Supreme Court New South Wales

Medium Neutral Citation: Bank of Queensland v Awad [2015] NSWSC 381 Hearing dates: 2 April 2015 Date of orders: 02 April 2015 Decision date: 02 April 2015 Jurisdiction: Common Law Before: Campbell J Decision: Plaintiff/cross defendant is granted leave to file and serve an amended defence to the cross claim in the form marked A by no later than 9 April 2015; The defendants/cross claimants are to file and serve any reply to the amended defence to the cross claim strictly only in relation to the amendments made pursuant to these orders no later than 20 April 2015; The plaintiff/cross defendant is to pay the defendants/cross claimants' costs thrown away by virtue of the amendment contained in the amended defence if otherwise entitled; The four day hearing set down for 27 April 2015 is vacated; The matter is listed before the registrar for allocation of a hearing date on 20 April 2015. Catchwords: PROCEDURE – civil – interlocutory issues – application to amend defence to cross claim

PROCEDURE – civil – interlocutory issues - application to vacate hearing date Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Philip John Kelly v Westpac Corporation [2014] NSWCA 348 Category: Procedural and other rulings Parties: Bank of Queensland Limited (Plaintiff); Danuta Joanna Awad (First Defendant); Emad Awad (Second Defendant) Representation: Counsel: P Jammy (Plaintiff) Self Represented (Defendants)