NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Saul v Chaffey [2019] NSWSC 72 Hearing dates: 4 February 2019 Date of orders: 13 February 2019 Decision date: 13 February 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:
(1) Leave to file the proposed amended defence is refused.
(2) The defendant is to pay the plaintiff's costs on an ordinary basis. Catchwords: CIVIL PROCEDURE – practice and procedure – pleadings – amendment of defence - whether leave to be granted – whether leave is fair and just – where there is no satisfactory explanation for delay – whether leave will result in prejudice – whether amended defence is futile Legislation Cited: Civil Procedure Act 2005 (NSW), s 5b, s 45(1), s 45(3) Motor Accidents Compensation Act 1999 (NSW), s 7A, s 7C Uniform Civil Procedure Act 2005 (NSW), s 64 Uniform Civil Procedure Rules 2005 (NSW), r 14.14 Cases Cited: Axiak v Ingram (2012) 82 NSWLR 36; [2012] NSWCA 311 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Holland v City of Botany Bay Council [2017] NSWSC 1120 Nightingale v Blacktown City Council (2015) 91 NSWLR 556; [2015] NSWCA 423 North Sydney Council v Roman (2007) 69 NSWLR 240; [2007] NSWCA 27 Category: Procedural and other rulings Parties: Cameron Peter Saul bhnf Alison Mary Saul (Plaintiff) Andrew James Chaffey (Defendant) Representation: Counsel: AJ Stone SC with PJ Frame J Turnbull SC
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