Khattar v AAI Limited [2019] NSWSC 1575

Supreme Court New South Wales

Medium Neutral Citation: Khattar v AAI Limited [2019] NSWSC 1575 Hearing dates: 31 October 2019 Date of orders: 01 November 2019 Decision date: 12 November 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The first, second and third defendants be granted leave to file and serve amended defences in accordance with those exhibited to the affidavit of Paul Garnon dated 3 October 2019, further amended so that paragraph 32(c) of each defence includes the words "and / or remove straw".

(2) The first, second and third defendants pay the plaintiffs' costs caused and thrown away by the amendments referred to in order 1.

(3) The first, second and third defendants pay the plaintiffs' costs of the motion dated 11 September 2019. Catchwords: CIVIL PROCEDURE – amendment – application to amend defence where notice given in June 2019 and hearing date set for June 2020 – whether Court should exercise discretion to grant leave to amend – whether amendments are important – whether there was a delay in making amendments – whether there is prejudicial effect on the plaintiffs if the Court grants leave to amend – amendments important – amendments not futile – amendments do not compromise hearing date Legislation Cited: Civil Liability Act 2002 (NSW), ss 5R, 5S Civil Procedure Act 2005 (NSW), ss 56-58, 64 Law Reform (Miscellaneous Provisions) Act 1946, s 6 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Ardlethan Options Ltd v Easdown (1915) 20 CLR 285; [1915] HCA 35 Burns v MAN Automotive (Aust) Pty Ltd (1986) 161 CLR 653; [1986] HCA 81 Channel Seven Adelaide Pty Ltd v Manock (2010) 273 LSJS 70; [2010] SASCFC 59 Galati v Deans (No 2) (2018) 133 ACSR 516; [2018] NSWSC 1813 Lloyd v Thornbury [2019] NSWCA 154 Voitenko v Zurich Australian Insurance Ltd [2019] NSWCA 229 Category: Procedural and other rulings Parties: Tony Khattar (First Plaintiff) Raymond Khattar (Second Plaintiff) Miella Khattar (Third Plaintiff) Robert Khattar (Fourth Plaintiff) George Khattar (Fifth Plaintiff) Joseph Khattar (Sixth Plaintiff) Peter Khattar (Seventh Plaintiff) Nawal Khattar (Eighth Plaintiff)