Bassal v Savills (NSW) Pty Limited [2015] NSWSC 1779

Supreme Court New South Wales

Medium Neutral Citation: Bassal v Savills (NSW) Pty Limited [2015] NSWSC 1779 Hearing dates: 15 October 2015 Decision date: 27 November 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiffs have leave to file a second further amended statement of claim in the form provided to my Chambers on 21 October 2015. (2) The plaintiffs are to file and serve a second further amended statement of claim in that form within 7 days of the date of this judgment. (3) The defendant is to file and serve a defence to that second further amended statement of claim within 21 days of the delivery of this judgment. (4) Within 28 days after the defendant has filed its defence, the plaintiffs may, by way of a notice of motion, make an application to adduce any further evidence in the proceedings. (5) The plaintiffs must pay the costs of the defendant thrown away by reason of the amendment. (6) The costs of the notice of motion filed 30 July 2015 are the plaintiffs' costs in the cause. (7) The matter is listed before the Common Law Registrar for Directions at 9 AM on Friday 5 February 2016. Catchwords: PRACTICE AND PROCEDURE – claim for damages in tort and contract – application to amend statement of claim – no hearing date set – whether the proposed amendment would be contrary to the interests of justice – whether the proposed amendment can be sustained on the evidence – whether the defendant would be unduly prejudiced by the proposed amendment Cases Cited: Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited [2015] HCA 37 Category: Procedural and other rulings Parties: Terry Bassal (Plaintiff) Savills (NSW) Pty Limited (Defendant) Representation: Counsel: D R Pritchard SC (Plaintiff) P J Macarounas (Plaintiff) A B Edington (Plaintiff) T G R Parker SC (Defendant) T W Marskell (Defendant)