National Australia Bank v Sayed (No. 9) [2017] NSWSC 389

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank v Sayed (No. 9) [2017] NSWSC 389 Hearing dates: 7 & 10 April 2017 Date of orders: 13 April 2017 Decision date: 13 April 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) Leave is granted to the Cross-Claimant to amend the Further Amended Cross-Claim filed 25 October 2016 in the manner sought in the form of the cross-claim annexed to the affidavit of Bill Sayed sworn 28 March 2017 (to be entitled Second Further Amended Cross-Claim) in the following respects:

(a) by omitting prayers 2, 4 and 5 in the section headed "Relief Claimed"; (b) by omitting paragraph 5; (c) by the addition of the words in paragraph 6; (d) by the substitution of the LPI number in paragraph 7; (e) by the addition of the words in paragraph 28; (f) by the addition of the words in paragraph 31; (g) by omitting paragraph 32; (h) by the addition of words to particular (c) under paragraph 33; (i) by the addition of the word "rejected" in particular (n) under paragraph 33; (j) by the substitution of the words in paragraphs 35, 36, 37 and 39.

(2) The Second Further Amended Cross-Claim is to be filed and served by 28 April 2017.

(3) The Cross-Claimant is to pay the costs thrown away by reason of the amendment.

(4) The Cross-Claimant is to pay the costs of the Notice of Motion filed 28 March 2017. Catchwords: PROCEDURE – pleadings – amendment – possession proceedings – cross-claim by mortgagor for breach of mortgagee's duties – further application to amend cross-claim – whether cross-claimant estopped from pleading further claims – whether abuse of process