Karl Suleman Enterprizes Pty Ltd (in liquidation) v Pham

[2013] NSWSC 110

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. PRACTICE AND PROCEDURE — application to amend statement of claim — power to allow amendments raising cause of action under federal statute outside limitations period — discretion.
1. CORPORATIONS — application to amend to seek relief under s 1005(1) for breach of s 999 of the Corporations Act 2001 (Cth) outside period in s 1005(2) — whether Court has power to allow amendment under ss 64 and 65 of the Civil Procedure Act (2005) — discretion — utility of amendments — whether cause of action under s 1005 for breach of s 999 requires investor to have been misled — delay — prejudice — explanation for delay — application to amend claim for relief under s 1325(2) of the Corporations Act 2001 (Cth) — whether amendment futile because right to apply contingent on proceedings otherwise instituted under the Act — power to allow amendment to make application outside period in s 1325(4) — whether making application within period in s 1325(4) an "essence of" or jurisdictional precondition to the right to apply under s 1325(2) — whether amendment should be allowed — delay — prejudice — explanation for delay.