In the matter of Beverage Freight Services Pty Ltd [2019] NSWSC 1684

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Beverage Freight Services Pty Ltd [2019] NSWSC 1684 Hearing dates: 11 November 2019 Date of orders: 11 November 2019 Decision date: 11 November 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave granted to the Plaintiffs to file an Amended Statement of Claim in a form consistent with this judgment. Costs of today and of the Plaintiffs' application to amend be reserved. Catchwords: CIVIL PROCEDURE – pleadings – application for leave to file amended statement of claim – where a proposed amendment introduces further claims – where proposed amendment introducing further claims is sought very late – where another proposed amendment adding a reference to an entity is not opposed – whether leave to file amended statement of claim should be granted. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 64 Cases Cited: - Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 - Bi v Mourad [2010] NSWCA 17 - Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 - Macquarie International Health Clinic Pty Ltd v Sydney Local Health District [2013] NSWSC 764 - Re ACN 607 358 887 Pty Ltd [2019] NSWSC 1561 Category: Procedural and other rulings Parties: J and E Vella Pty Ltd (First Plaintiff) Joseph Gregory John Vella (Second Plaintiff) Brian Charles Hobson (First Defendant) Hynadam Pty Ltd (Second Defendant) Brett Soper (Third Defendant) Mechita Pty Ltd (Fourth Defendant) Beverage Freight Services Pty Ltd (Fifth Defendant) Beverage Distribution Australia Pty Ltd (Sixth Defendant) Representation: Counsel: G A Sirtes SC/A F Fernon (Plaintiffs) M Ashhurst SC/M Dolenec (Defendants)