Lease Collateral Pty Ltd v Johnson

Lease Collateral Pty Ltd sought leave to amend its further amended commercial list statement in response to Johnson's opposition. The primary focus was whether the proposed amendment would necessitate vacating the scheduled hearing date, which could prejudice the defendants, or if the amendment could be made without significant inconvenience or cost. The court was also asked to rule on applications for further discovery and to set aside subpoenas.

The court examined whether the current iteration of the list statement was sufficiently clear and whether the amendment would impose undue hardship or expense on the defendants. The court found that the amendment would not require the hearing date to be vacated and would not prejudice the defendants except for the potential imposition of costs. The court also noted that the applications for further discovery and to set aside subpoenas did not present any issue of principle.

Following this analysis, the court granted the application to amend the commercial list statement. It was determined that the amendment could be made without significant inconvenience or cost, and thus, the application was allowed. The court also dismissed the applications for further discovery and to set aside subpoenas, finding no issue of principle at stake. As a result, the defendants were ordered to pay the costs of the applications.