Commonwealth Bank of Australia v Remo 97-99 Queens Road Pty Ltd [2019] NSWSC 510

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Remo 97-99 Queens Road Pty Ltd [2019] NSWSC 510 Hearing dates: 30 April 2019 Date of orders: 07 May 2019 Decision date: 07 May 2019 Jurisdiction: Common Law Before: Fagan J Decision: Defendants' notice of motion filed 4 April 2019 dismissed with costs. Catchwords: CIVIL PROCEDURE - cross-claims - right of set-off - application to amend defence and cross-claim - one defendant seeking to plead a cross-claim for the first time - proceedings on foot for 6 years - amended pleadings not disclosing any viable or particularised claims - no particularisation of damage - leave sought on basis that directions could be made for affidavits further particularising claims - length of proceedings renders onus to particularise triable issues in cross-claim - procedurally unfair to plaintiff to allow vague and incomplete amendments - contrary to s 56(2) and s 57(1) of Civil Procedure Act 2005 (NSW) to allow - leave refused with costs Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 52 ALJR 20 Carmelo Adriano Mastronardo [2017] NSWSC 1052 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337; [1982] HCA 24 Mastronardo v Commonwealth Bank of Australia [2018] NSWCA 136 Mastronardo v Commonwealth Bank of Australia [2019] NSWSC 466 Mastronardo v Commonwealth Bank of Australia [2019] NSWCA 99 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia (plaintiff) Remo 97-99 Queens Road Pty Ltd (first defendant) Antonio Mastronardo (second defendant) Carmelo Adriano Mastronardo (third defendant) Representation: Counsel: P Jammy (plaintiff) M Cashion SC (first and second defendants)