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 3) [2019] NSWSC 1827

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 3) [2019] NSWSC 1827 Hearing dates: 12 December 2019 Decision date: 18 December 2019 Jurisdiction: Equity Before: Ball J Decision: The plaintiffs should be permitted to amend para 504(a) of the existing statement of claim to raise a case that if the actual gross margins that were achieved in FY13 and 1Q14 required adjustment because of errors in provisioning and the writing back of the warranty sign on liability, then a similar adjustment would have been made to the gross margin assumed for the purposes of the FY14 forecast included in the Prospectus Catchwords: CIVIL PROCEDURE – Pleadings – Amendment – whether to grant leave to amend – whether proposed amendment is logical extension of case already pleaded - late amendments – whether proposed amendments open new questions for factual enquiry – no new evidence served in respect of new questions for factual enquiry – prejudice Cases Cited: 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 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 A Shearer and R Mansted (Fourth to Four Hundred & Fifty Seventh Defendants)