Carrafa v Asfar [2020] NSWSC 530

Supreme Court New South Wales

Medium Neutral Citation: Carrafa v Asfar [2020] NSWSC 530 Hearing dates: 30 April 2020 Date of orders: 30 April 2020 Decision date: 14 May 2020 Jurisdiction: Equity Before: Slattery J Decision: Leave granted to file a Third Further Amended Statement of Claim. The fifth and sixth defendants joined to the proceedings. The hearing to commence on 18 May 2020 is vacated. Plaintiffs ordered to pay the costs associated with responding to the amended pleading. Plaintiffs ordered to pay the fourth defendant's costs thrown away by reason of the vacation of the hearing. Reserve the costs as between the plaintiffs and the second and third defendants of the costs thrown away by reason of the adjournment. Catchwords: CIVIL PROCEDURE – amendment of pleadings – application for adjournment – vacation of hearing – plaintiffs seek to amend pleadings and join two new defendants – amendment and the joinder of the new defendants would result in vacation of a hearing date fixed since mid-2019 – whether the pleadings should be amended and the new defendants joined – if the pleadings are amended whether the hearing should be vacated and if so, on what terms. Legislation Cited: Civil Procedure Act 2005, ss 56(1), 56(3) Uniform Civil Procedure Rules 2005, r 10.14(3) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Barnes v Addy (1874) LR 9 Ch App 244 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (ACCC) (2010) 187 FCR 261 Cleveland Investments Global Pty Ltd v Ficaro Pty Ltd [2016] NSWSC 473 Category: Principal judgment Parties: Plaintiff: Michael Carrafa and Fabian Micheletto in their capacities as joint and several trustees in bankruptcy of the estate of Peter Ronald Evans