The Court refused leave to amend the defence and counterclaim to introduce a National Credit Code claim, holding that where a loan is made to a corporate borrower and the natural person's liability is limited to a guarantee, the natural person is not a 'debtor' under s 204 of the National Credit Code and the Code does not apply to the loan, mortgage or guarantee. The Court permitted joinder of the corporate borrower (Thoona) as a defendant under r 9.06(b)(ii) so it could then join as co-plaintiff by counterclaim, following the Hunter v Croner-Tyco procedure, but refused joinder of related Gemi entities where no justiciable controversy was established and the pleading disclosed no cause of action against them. Amendments to withdraw admissions were permitted where explained by a change of solicitors, but proposed amendments that were vague, unparticularised, embarrassing, or lacked a proper basis — including unparticularised allegations of sham or fraud — were refused.
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