Boele v Rinbac Pty Ltd

In *Boele v Rinbac Pty Ltd*, the applicant sought leave to amend a summons after submissions had been filed, with objections to these amendments to be determined in light of those submissions. The matter came before Leeming JA.

The primary legal issue before the court was whether to grant the applicant leave to amend its summons, and consequently, how to address the costs associated with the application and any perceived non-compliance with section 56 of the *Civil Procedure Act 2005* (NSW).

Leeming JA dismissed the notice of motion seeking leave to amend, ordering that the applicant pay the first respondent's costs. The court also directed the applicant to file and serve a further amended summons in the debated form and required Mr Deren Hassan to advise his client of their obligations under section 56(3) and (4) of the *Civil Procedure Act 2005* (NSW) in writing. The court indicated it would determine the quantum of costs, potentially at $2,900 exclusive of GST, after considering any submissions from the first respondent.