Cosmetic Laser Clinic Pty Ltd v Pirintji [2015] NSWSC 983

Supreme Court New South Wales

Medium Neutral Citation: Cosmetic Laser Clinic Pty Ltd v Pirintji [2015] NSWSC 983 Hearing dates: 23 April 2015 Date of orders: 31 July 2015 Decision date: 31 July 2015 Before: Garling J Decision: (1) Grant leave to the defendant to file and serve an Amended Defence in accordance with the proposed pleading annexed to the Amended Notice of Motion, except for paragraphs 35 to 39 (inclusive), 40 to 47 (inclusive) and 59 to 64 (inclusive). (2) Defendant to pay the costs of and occasioned by the amendment. (3) Defendant to pay the costs of the Amended Notice of Motion filed 12 December 2014 to date. (4) Stand over the Motion to 9.30am on 17 August 2015 before Garling J for further directions. Catchwords: PRACTICE AND PROCEDURE – civil – pleadings – defendant seeks leave to amend defence – leave opposed in part by plaintiff – substantial delay in seeking amendments – whether open to defendant to have made amendments earlier – no adequate explanation for delay in seeking amendments – prejudice to plaintiff if amendments allowed – leave granted to amend defence but only for amendments not opposed by plaintiff Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10 Kelly v Mina [2014] NSWCA 9 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Cosmetic Laser Clinic Pty Ltd (P1) Barodo Investments Pty Ltd (P2) Steven Michael Pirintji (D1) Representation: Counsel: G Sirtes SC / J Arnott (P1, P2) P Silver (D)