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Executive Summary (One Minute Read)
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| Built NSW Pty Ltd v
Politic Pty Ltd (NSWSC)-pleadings-contract-leave to file amended statement of cross-claim |
| Summaries With Link (Five Minute Read) |
Built
NSW Pty Ltd v Politic Pty Ltd
[2015] NSWSC 380
Supreme Court of New South
Wales
Ball J
Pleadings - plaintiff claimed
amounts allegedly due under contract by which it agreed to carry out
refurbishment works for defendant - defendant sought to amend its cross-claim and
its reply to defence to cross-claim, and to file additional evidence out of
time-strength of claims - explanation for delay - whether allowing amendments would
necessitate adjournment-prejudice - held: defendant permitted to file amended statement
of cross-claim insofar as it pleaded floor space area term was express or
implied term of the contract and rectification claim - plaintiff granted leave to
make application to revoke leave to file amended statement of cross-claim
insofar as it pleaded rectification claim on 48 hours’ notice.
BuiltNSW
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