McSeveny v Ultimate IP Holdings Pty Ltd [2018] NSWSC 1197

Supreme Court New South Wales

Medium Neutral Citation: McSeveny v Ultimate IP Holdings Pty Ltd [2018] NSWSC 1197 Hearing dates: 6 April 2018 Date of orders: 07 August 2018 Decision date: 07 August 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Grant leave to the cross-claimants to amend the Amended First Cross-Claim filed 16 March 2017 by:

(a) adding as the third and fourth cross-claimants Timothy Hennessy and Paul McCloskey respectively;

(b) preparing a Further Amended Cross-Claim in accordance with these reasons for judgment;

(c) serving the Further Amended Cross-Claim on the solicitors for the plaintiff/cross-defendant by 27 August 2018.

(2) The solicitors for the plaintiff/cross-defendant are to inform the solicitors for the defendants/cross-claimants by 7 September 2018 if they agree with the form of the Further Amended Cross-Claim.

(3) If consent is given to the form of the Further Amended Cross-Claim the Further Amended Cross-Claim is to be filed and served by 11 September 2018;

(4) The defendants/cross-claimants are to pay the plaintiff/cross-defendant's costs thrown away by reason of the amendments.

(5) Stand over the proceedings to 14 September 2018 to hear submissions on the costs of the Notice of Motion and any disputes concerning the form of the Further Amended Cross-Claim. Catchwords: CIVIL PROCEDURE – cross-claims – amendment – to set up cause of action barred by limitation period –cause of action conferred by Commonwealth statute – Australian Consumer Law ss 236, 237 – whether State statute permits amendment after expiry of limitation period – Civil Procedure Act 2005 (NSW) s 65