Mongey v Demetriou and Anor [2019] NSWSC 913

Supreme Court New South Wales

Medium Neutral Citation: Mongey v Demetriou and Anor [2019] NSWSC 913 Hearing dates: 11 July 2019 Date of orders: 15 July 2019 Decision date: 15 July 2019 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Second Defendant is granted leave to file an Amended Defence in the form of Annexure A to the Notice of Motion filed on 5 July 2019. 2. The Second Defendant is to pay the Plaintiff's costs thrown away by the amendment which the Court has allowed. 3. The Plaintiff is to file and serve a Reply, if any, to the Amended Defence by 29 July 2019. It is noted that the Second Defendant is to file and serve the Amended Defence forthwith, given the order of the Court today. 4. The Second Defendant is to serve any further evidence upon which she relies by 29 July 2019. 5. The Plaintiff is to serve any further evidence upon which he relies by 12 August 2019. 6. The costs of the Notice of Motion are to be the Second Defendant's costs in the cause. Catchwords: CIVIL PROCEDURE – claim in debt and for breach of contract – notice of motion to amend Defence of Second Defendant – various affirmative defences pleaded in Defence – Second Defendant later made aware of potential further defence to resist claim – consideration of ss.58 and 64(2) Civil Procedure Act – whether proposed amendment is arguable - explanation for delay in bringing amendment application - leave granted – appropriate orders made to retain hearing date Legislation Cited: Civil Procedure Act 2005 Contracts Review Act 1980 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Mongey v Demetriou & Anor [2019] NSWSC 444 Photios v Photios [2019] NSWCA 158 Texts Cited: --- Category: Procedural and other rulings Parties: Thomas Raymond Mongey (Plaintiff) Emilios Demetriou (First Defendant) Janette Linda Ashley (Second Defendant) Representation: Counsel: Mr MW Sneddon (Plaintiff) Mr VRW Gray (Second Defendant)