Commonwealth Bank v Iinvest [2016] NSWSC 1846

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank v Iinvest [2016] NSWSC 1846 Hearing dates: 14 December 2016 Date of orders: 14 December 2016 Decision date: 14 December 2016 Jurisdiction: Common Law Before: Campbell J Decision: Fourth Amended Statement of Cross Claim to be filed in accordance with the reasons below by Friday 16 December 2016 Defence to amended statement of cross claim filed by 23 December 2016 Statement of particulars filed by Friday 23 December 2016 Any notice to produce to be served by 16/12/2106, may be returnable by 20 January 2017 before Campbell J List for directions on 20 January at 9:30 a.m. Court book to be lodged during week of 23 January 2017 Catchwords: CIVIL PROCEDURE - statement of claim – application for leave to file fourth amended statement of cross claim - long procedural history - change of solicitors with new solicitors seeking to amend claim – relevant principles – efficiency – interest in preserving hearing dates – amendments permitted in accordance with reasons Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56- 61 Contracts Review Act 1980 (NSW) National Consumer Credit Protection Act 2009 (Cth), Sch 1 Cases Cited: Aon Risk Services Australia Pty Limited v ANU [2009] 239 CLR 175, [2009] HCA 27 Hans Pet Construction Pty Limited v Cassar [2009] NSWCA 230 Lachlan v HP Mercantile Pty Limited [2015] 89 NSWLR 198; [2015] NSWCA 130 Category: Procedural and other rulings Parties: James Harker-Mortlock (Applicant) J H M Pty Ltd (Second Applicant)