Gilmore Finance Pty Ltd v Aesthete Pty Ltd atf the Real Money Unit Trust

The court was called upon to decide whether the plaintiff, Gilmore Finance Pty Ltd, should be granted leave to amend its Commercial List Statement on the third and fourth days of the hearing. The defendants, Aesthete Pty Ltd atf the Real Money Unit Trust, opposed the application, arguing that the amendments sought were based on material that had been available for some time and would prejudice them. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court were whether the plaintiff was entitled to amend its statement on the third and fourth days of the hearing, whether the amendments sought were based on material that had been available for some time, and whether the amendments would prejudice the defendants. The court considered the relevant principles and authorities on the matter, including the decision in *Aintree River Cruises Pty Ltd v Rivers* [2016] NSWCA 349.

The court found that the plaintiff was not entitled to amend its statement on the third and fourth days of the hearing. The amendments sought were based on material that had been available for some time and would prejudice the defendants. The court held that the plaintiff had not shown sufficient grounds for the amendments and that the defendants would be prejudiced if the amendments were allowed. The court also noted that the plaintiff had not demonstrated any exceptional circumstances that would warrant leave to amend.

The final orders of the court were that the plaintiff's application for leave to amend its Commercial List Statement on the third and fourth days of the hearing was dismissed. The defendants were awarded costs of the proceeding.