NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gujarat NRE India Pty Ltd v Wollongong Coal Ltd (No 4) [2017] NSWSC 1221 Hearing dates: 31 August 2017 Date of orders: 06 September 2017 Decision date: 04 September 2017 Jurisdiction: Equity Before: Robb J Decision: Parties to bring in short minutes of order to give effect to these reasons for judgment. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — Late application for amendment—Whether defendant should be granted leave to amend its defence.
EVIDENCE—Tendency evidence—Whether defendant's notice of intention to adduce tendency evidence was valid—Whether requirement that defendant give notice of intention to adduce tendency evidence should be dispensed with. Legislation Cited: Civil Procedure Act 2005 (NSW) s 64 Uniform Civil Procedure Rules 2005 (NSW) r 31.5 Evidence Act 1995 (NSW) ss 97, 99, 100 Cases Cited: AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 British Marine PLC v Wollongong Coal Ltd [2015] FCA 402 Ghazal v Government Insurance Office of New South Wales (1992) 29 NSWLR 336 Hawes v Dean [2014] NSWCA 380 Category: Procedural and other rulings Parties: Gujarat NRE India Pty Ltd (plaintiff) Wollongong Coal Ltd (defendant) Representation: Counsel: DR Pritchard SC and A Macauley (plaintiff) DL Williams SC and C Wood (defendant)
Solicitors: Gillard Consulting Lawyers (plaintiff) Thomson Geer (defendant) File Number(s): 2014/211688
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