Findlay v DSHE Holdings Limited (Receivers and Managers Appointed) (In Liquidation) (No 2); Mastoris v DSHE Holdings Limited (Receivers and Managers Appointed) (In Liquidation) (No 2) [2019] NSWSC 1816

Supreme Court New South Wales

Medium Neutral Citation: Findlay v DSHE Holdings Limited (Receivers and Managers Appointed) (In Liquidation) (No 2); Mastoris v DSHE Holdings Limited (Receivers and Managers Appointed) (In Liquidation) (No 2) [2019] NSWSC 1816 Hearing dates: 12 December 2019 Decision date: 18 December 2019 Jurisdiction: Equity Before: Ball J Decision: The plaintiffs not be permitted to amend the statement of claim by including paras 506A and 509A and any consequential amendments or to rely on the supplementary report of Mr Archer dated 25 October 2019. Catchwords: CIVIL PROCEDURE – Pleadings – Amendment – whether to grant leave to amend – late amendments –whether proposed amendments open new questions for factual enquiry – whether proposed amendments futile – prejudice Cases Cited: Findlay v DSHE Holdings Limited (Receivers and Managers Appointed) (In Liquidation); Mastoris v DSHE Holdings Limited (Receivers and Managers Appointed) (In Liquidation) [2019] NSWSC 394 Category: Procedural and other rulings Parties: Haliburton Charles David Findlay (First Plaintiff | 2017/294069) Marian Jennifer Denny Findlay (Second Plaintiff | 2017/294069) Epaminodas Mastoris (First Plaintiff | 2018/52431) Lena Mastoris (Second Plaintiff | 2018/52431) DSHE Holdings Limited (Receivers & Managers Appointed)(In Liquidation) (First Defendant) Nicholas Abboud (Second Defendant) Michael Thomas Potts (Third Defendant) David White and others listed in Annexure A t/as Deloitte Touche Tohmatsu (Fourth to Four Hundred & Fifty Seventh Defendants) Representation: Counsel: C Withers with K Lindeman (Plaintiffs) P Braham SC with R Mansted (Fourth to Four Hundred & Fifty Seventh Defendants)