Australian Securities and Investments Commission v Park Trent Properties Group Pty Ltd (No 2) [2015] NSWSC 782

Supreme Court New South Wales

Medium Neutral Citation: Australian Securities and Investments Commission v Park Trent Properties Group Pty Ltd (No 2) [2015] NSWSC 782 Hearing dates: 3-5, 9-12 June 2015 Decision date: 11 June 2015 Jurisdiction: Equity Division Before: Sackville AJA Decision: The defendant's application for leave to amend its defence is refused Catchwords: PRACTICE AND PROCEDURE – application for leave to amend defence – application made very late – new factual issues – whether granting leave to amend would be consistent with the "dictates of justice" Legislation Cited: Corporations Act 2001 (Cth), ss 766A, 766B, 911A Superannuation Industry (Supervision) Act 1993 (Cth), s 17A Corporations Regulations 2001 (Cth), reg 7.1.29 Corporations Amendment Regulations 2003 (No 3) (Cth), Sch 1 [2]

Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 64 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Australian Securities and Investments Commission v Park Trent Properties Group Pty Ltd [2015] NSWSC 342 Australian Securities and Investments Commission v Park Trent Properties Pty Ltd (No 1) [2015] NSWSC 752 Category: Procedural and other rulings Parties: Australian Securities & Investments Commission (Plaintiff) Park Trent Properties Group Pty Ltd (Defendant) Representation: Counsel: Ms EA Cheeseman SC / TO Prince / KS Anderson (Plaintiff) J Hewitt (Defendant)