Jason Tang and Ozem Kassem in their capacity as joint and several liquidators of Elite Plant Hire P/L (in liq) v MECON Winsure Insurance Group P/L [2020] NSWSC 441

Supreme Court New South Wales

Medium Neutral Citation: Jason Tang and Ozem Kassem in their capacity as joint and several liquidators of Elite Plant Hire P/L (in liq) v MECON Winsure Insurance Group P/L [2020] NSWSC 441 Hearing dates: 21 April 2020 Date of orders: 21 April 2020 Decision date: 23 April 2020 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Application to amend Commercial List Response refused; subpoenas set aside Catchwords: CIVIL PROCEDURE – pleadings – amendment – hearing date imminent – case proposed to be substantially expanded – inadequate justification and explanation

CIVIL PROCEDURE – pleadings – relevance – no apparent relevance – to be set aside Legislation Cited: Insurance Contracts Act 1984 (Cth) Evidence Act 1995 (NSW) Cases Cited: Alister v The Queen (1984) 154 CLR 404 Karl Suleman Enterprizes Pty Limited v Pham [2013] NSWCA 93 Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115 R v Saleam (1989) 16 NSWLR 14 Trade Practices Commissioner v Arnotts Ltd (No 2) (1989) 21 FCR 306; 88 ALR 90 Category: Procedural and other rulings Parties: Jason Tang and Ozem Kassem in their capacity as joint and several liquidators of Elite Plant Hire Pty Ltd (in liquidation) (Applicant/First Plaintiff)

Elite Plant Hire Pty Ltd (in liquidation) (Applicant/Second Plaintiff)

MECON Winsure Insurance Group Pty Ltd (Respondent/Defendant) Representation: Counsel: M Newton with M Robertson (Applicant) J E Maconachie QC with S Blackman (Respondent)