Angius v Salier & Ors (No 2) [2019] NSWSC 682

Supreme Court New South Wales

Medium Neutral Citation: Angius v Salier & Ors (No 2) [2019] NSWSC 682 Hearing dates: On the papers Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Equity Before: Henry J Decision: (1) Dismiss the plaintiff's application and refuse him leave to amend and file the proposed further amended statement of claim to include at paragraphs 38 to 52 a claim for contribution in respect of a GST liability. (2) The plaintiff to pay the first defendant's costs in relation to the plaintiff's application for leave to amend and file the further amended statement of claim. (3) Order that any costs of the first defendant relating to the plaintiff's application that are not paid by the plaintiff under order 2 be otherwise paid from the estate of the late Laura Angius on an indemnity basis. Catchwords: PROCEDURAL – leave to file amended pleading – where pleading is deficient and plaintiff has had five opportunities to re-plead in proper form – where claim for contribution is ambiguous about the amount paid by the plaintiff– leave refused Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 58, 64, 65 Limitation Act 1969 (NSW) s 14 Partnership Act 1892 (NSW) s 9 Uniform Civil Procedure Rules 2005 (NSW) r 15.1 Cases Cited: Angius v Salier & Ors [2019] NSWSC 184 Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Bailey v Federal Commissioner of Taxation (1977) 136 CLR 214 Burke v LFOT Pty Ltd (2002) 209 CLR 282; [2002] HCA 17 Clough v Frog (1974) 4 ALR 615; 48 ALJR 481 Galati v Deans (No 2) [2018] NSWSC 1813 Gunns Limited v Marr [2005] VSC 251 McCormick v Colonial Mutual General Insurance Co Ltd (1995) 8 ANZ Ins Cas 61-262 McGuirk v The University of New South Wales [2009] NSWSC 1424 Northam v Favelle Favco Holdings Pty Ltd (Supreme Court (NSW), 1 and 7 March 1995, unrep) Re Kupang Resources Ltd [2018] NSWSC 1872 Tamaya Resources Ltd (in liq) v Campbell-Wilson (2016) 332 ALR 199; [2016] FCAFC 2 Category: Procedural and other rulings Parties: John Angius (Plaintiff / Cross-Defendant) Gordon Albert Salier AM (First Defendant / Cross-Claimant) Angius Hotel Investments Pty Ltd (Second Defendant) Togumi Pty Ltd (Third Defendant) J&L Angius Pty Ltd (Fourth Defendant) Tararba Pty Ltd (Fifth Defendant) Angius Investment Pty Ltd (Sixth Defendant) Robert Angius (Seventh Defendant) Representation: Counsel: M Willmott SC w C Birtles (First Defendant / Cross-Claimant) V Culkoff (Seventh Defendant)