Malvina Park Pty Limited trading as Firths the Superannuation Lawyers v Pegios

Malvina Park Pty Limited trading as Firths the Superannuation Lawyers filed proceedings against Pegios, seeking relief related to alleged breaches of contract and other claims. The matter was before the court on an application for leave to amend the defence and cross-claim by the defendant and cross-claimant, Pegios. The plaintiff opposed the application on the basis that it was an abuse of process, would cause substantial delay and injustice, and was otherwise not in the interests of justice to allow the amendments.

The court had to determine whether to grant leave for the defendant to amend his defence and cross-claim, and whether the cross-claimant should be allowed to amend the cross-claim. The plaintiff argued that the amendments would cause significant prejudice, delay, and injustice. The court considered the timing of the application, the nature of the proposed amendments, and whether the amendments were an abuse of process. The court also examined whether the proposed amendments were likely to succeed on the merits.

The court found that the application to amend the defence should be granted, but with conditions. The court accepted that the proposed amendments to the defence were not an abuse of process and did not constitute a substantial delay or injustice. The court ordered that the defendant must pay the plaintiff’s costs associated with the amendment on an indemnity basis. However, the court refused leave for the cross-claimant to amend the cross-claim, finding that the proposed amendments were an abuse of process and would cause substantial delay and injustice. The court further ordered that the defendant/cross-claimant pay the plaintiff/cross-defendant’s costs of the Notice of Motion on the ordinary basis, and the costs of the proposed additional cross-defendants also on the ordinary basis, with liberty to apply.