In the matter of Graziers Pastoral Pty Limited; In the matter of Windsor Livestock Holdings Pty Limited; In the matter of Windsor Livestock Pty Limited

[2021] NSWSC 1680

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CIVIL PROCEDURE — Pleadings — Amendment — Where substantial delay in seeking to amend the pleadings — Close proximity of the hearing — Where amendment would not allow sufficient time for defendants to lead evidence or require vacation of the hearing date.
1. CIVIL PROCEDURE — Pleadings — Amendment — matters required for defendants to plead defence under business judgment rule.
1. EVIDENCE — Expert evidence — Whether to grant leave under UCPR r 31.28 to rely upon late expert report — Whether exceptional circumstances exist — Where defendants delayed in retaining experts and serving the expert reports — Where reliance on expert reports would require vacation of hearing date.