Menzies v CRCI Pty Ltd

The applicants, Menzies, sought leave to appeal a decision of the primary judge concerning an application to file a cross-claim out of time against the respondent, CRCI Pty Ltd. The dispute arose in the context of proceedings where Menzies sought to amend its defence and file a cross-claim against CRCI.

The central legal issue before the Court of Appeal was whether the primary judge erred in exercising their discretion by refusing leave to file the cross-claim out of time. This involved considering whether the primary judge had regard to all relevant discretionary considerations and whether any error in that regard amounted to an appealable error.

The Court of Appeal found no appealable error in the primary judge's decision. The primary judge had considered the relevant factors, including the delay in seeking to file the cross-claim, the potential prejudice to the respondent, and the merits of the proposed cross-claim. The Court noted that the primary judge had adjourned the hearing to allow Menzies to file further evidence, demonstrating a willingness to consider the application fully. However, Menzies failed to provide sufficient evidence to persuade the primary judge to exercise discretion in their favour.

Consequently, the application for leave to appeal was refused with costs.