Prime Capital Securities Pty Ltd v Calleja; Calleja PJC Furniture Freighters Pty Ltd v Prime Capital Securities Pty Ltd [2017] NSWSC 116

Supreme Court New South Wales

Medium Neutral Citation: Prime Capital Securities Pty Ltd v Calleja; Calleja PJC Furniture Freighters Pty Ltd v Prime Capital Securities Pty Ltd [2017] NSWSC 116 Hearing dates: 15 February 2017 Date of orders: 15 February 2017 Decision date: 15 February 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave is granted to file an amended statement of claim, an amended cross claim and the affidavits of Elizabeth Calleja dated 13 February 2017 and 15 February 2017 and the affidavit of Michael Calleja dated 13 February 2017.

(2) An adjournment is granted and the trial date is vacated.

(3) Calleja PJC Furniture Freighters Pty Ltd and Elizabeth Calleja are to pay the costs thrown away on an ordinary basis.

(4) The matters are stood over to 23 February 2017 at 9.00 am before the Registrar for directions. Catchwords: PROCEDURE – leave to amend granted – amended statement of claim – amended cross claim – Civil Procedure Act Legislation Cited: Australian Securities and Investment Commission Act 2001 Civil Procedure Act 2005 ss 56, 57, 58, 64, 66 Uniform Civil Procedure Rules 2005 (NSW) reg 19.1 Category: Procedural and other rulings Parties: 2016/155378 Prime Capital Securities Pty Ltd (Plaintiff) Elizabeth Ann Calleja (Defendant)

2016/260959 Calleja PJC Furniture Freighters Pty Ltd (Plaintiff) Prime Capital Securities Pty Ltd (Defendant) Representation: Counsel: 2016/155378 MW Young SC (Plaintiff N Obrart (Defendant)