Bridge v Coles Supermarkets Australia Pty Ltd (No 2) [2017] NSWSC 898

Supreme Court New South Wales

Medium Neutral Citation: Bridge v Coles Supermarkets Australia Pty Ltd (No 2) [2017] NSWSC 898 Hearing dates: 3 July 2017 to 6 July 2017 Date of orders: 04 July 2017 Decision date: 04 July 2017 Jurisdiction: Common Law Before: Campbell J Decision: Leave for the defendant to amend its defence is refused. Catchwords: CIVIL PROCEDURE – slip and fall in supermarket car park – occupiers liability – where occupier was lessee of car park – defendant seeks leave to file and serve amended defence during hearing – defendant argues that matters in amended defence are covered by the existing pleadings – whether prejudice to plaintiff – whether defendant required to specifically plead these matters – held that matters to be specifically pleaded per UCPR r 14.14(2) – leave to amend refused Legislation Cited: Evidence Act 1995 (NSW), s 192A Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Uniform Civil Procedure Rules 2005 (NSW), r 14.4 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Bridge v Coles Supermarket Australia Pty Ltd [2017] NSWSC 848 Category: Procedural and other rulings Parties: Larry Kenneth Bridge (Plaintiff) Coles Supermarkets Australia Pty Ltd (Defendant) Representation: Counsel:

I Roberts SC (Plaintiff) D Weinberger (Defendant)

Solicitors:

Monaco Solicitors (Plaintiff) McCabes Lawyers (Defendant) File Number(s): 2015/00363960 Publication restriction: Nil