Sutherland Shire Council v SportsCover Australia Pty Ltd on behalf of Certain Underwriters at Lloyds [2020] NSWSC 525

Supreme Court New South Wales

Medium Neutral Citation: Sutherland Shire Council v SportsCover Australia Pty Ltd on behalf of Certain Underwriters at Lloyds [2020] NSWSC 525 Hearing dates: 4 May 2020 Decision date: 12 May 2020 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) Pursuant to s 64 of the Civil Procedure Act 2005 the plaintiff is granted leave to amend its claim and file the Further Amended Statement of Claim which forms Annexure "JA" of the affidavit of Matthew Brian Skelly, dated 27 March 2020. (2) The plaintiff is to file and serve the Further Amended Statement of Claim within seven (7) days of these orders being entered. (3) The plaintiff is to pay the defendant's costs of this motion and any other costs incurred as a result of the amendments to the Statement of Claim being allowed. (4) The hearing date of 2 June 2020 is confirmed. Catchwords: PRACTICE AND PROCEDURE – application by plaintiff to amend Statement of Claim – late amendment – whether defendant prejudiced by amendment. Legislation Cited: Civil Liability Act 2002 (NSW) – ss 3A, 61 Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) – ss 4, 5, 7 Civil Procedure Act 2005 (NSW) – ss 56,58, 64 Insurance Contracts Act 1984 (NSW) – s 51 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) – s 5 Limitation Act 1969 (NSW) – s 26 Cases Cited: Aon Risk Services Limited v Australian National University [2009] HCA 27; 239 CLR 175 Astley v Austrust Limited [1999] HCA 6; 197 CLR 1 Oxley County Council v MacDonald and Ors [1999] NSWCA 126 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; 147 CLR 589 Category: Procedural and other rulings Parties: Sutherland Shire Council – Plaintiff SportsCover Australia Pty Ltd on behalf of Certain Underwriters at Lloyds – Defendant Representation: Counsel: J Sexton SC – Plaintiff G Watson SC – Defendant