NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Eades v Endeavour Energy [2018] NSWSC 1524 Hearing dates: 9 October 2018 Decision date: 10 October 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Grant leave to the plaintiff to amend his pleading in accordance with the draft third amended statement of claim annexed and marked "A" to the affidavit of Kathryn Amy Emeny sworn 8 October 2018. (2) Reserve the costs of the plaintiff's notice of motion filed in Court on 9 October 2018. Catchwords: CIVIL PROCEDURE — pleadings — amendment — late application for amendment — whether amendment in the interests of justice — whether the party seeking the amendment is at fault — whether any prejudice to the other parties Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58, 59, 64 Uniform Civil Procedure Rules 2005 (NSW), Sch 7 Cases Cited: Aon Risk Services v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Category: Procedural and other rulings Parties: Laurence Eades (Plaintiff) Endeavour Energy (First Defendant) Asplundh Tree Experts (Australia) Pty Ltd (Second Defendant) Pinnacle Career Development Pty Ltd (Third Defendant) Representation: Counsel:
T Tobin SC/G Dalton QC/A Fraatz (Plaintiff) Dr A Bell SC/J Hutton/H Pintos-Lopez (1st Defendant) M Windsor SC/T Berberian (2nd Defendant) MT McCulloch SC/T Marskell (3rd Defendant)
Solicitors: Maddens Lawyers (Plaintiff) Lander & Rogers (1st Defendant) Colin Biggers & Paisley Lawyers (2nd Defendant) Wotton + Kearney (3rd Defendant) File Number(s): 2015/310264
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