Lambert v Twigg Investments Pty Ltd (No 2) [2020] NSWSC 466

Supreme Court New South Wales

Medium Neutral Citation: Lambert v Twigg Investments Pty Ltd (No 2) [2020] NSWSC 466 Hearing dates: 29 April 2020 Decision date: 30 April 2020 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The plaintiffs have leave to file and serve a Second Further Amended Summons and a Further Amended Statement of Claim;

(2) The plaintiffs pay the defendants' costs thrown away by reason of the amendment;

(3) The costs of the notice of motion dated 23 April 2020 be the plaintiffs' costs in the cause. Catchwords: PRACTICE AND PROCEDURE – Application to file further amended statement of claim – Where application brought late with no real explanation for the delay – Where significance of absence of explanation for delay depends on circumstances – Where main consideration is whether amendments facilitate just, quick and cheap resolution of the proceedings under s 56(1) Civil Procedure Act 2006 (NSW) – Whether defendants would be unfairly prejudiced if amendments were allowed – Where defendants suffer no real prejudice for delay absence of explanation is of limited significance – Whether pleading sufficiently clear Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Procedural and other rulings Parties: Frances Lambert (First Plaintiff) Elizabeth Flintoff (Second Plaintiff) Diane Twigg (Third Plaintiff) Twigg Investments Pty Limited atf Twigg Investments Trust (First Defendant) Maxwell Twigg (Second Defendant) Representation: Counsel:

M R Elliott SC with DK Smith (Plaintiffs) J Evans QC with P Miller (Defendants)