Paltos v Bartier Perry Pty Ltd (No 3)

The case of Paltos v Bartier Perry Pty Ltd (No 3) involved the applicant, Paltos, seeking an amendment to a previous court order that had been made to set aside an earlier judgment in default of appearance. The respondent, Bartier Perry Pty Ltd, opposed the application on various grounds. The matter was heard by the Supreme Court of New South Wales.

The primary legal issue before the court was whether the orders previously made by the court sufficiently manifested the intention of the Court to allow for the amendment sought by Paltos. An additional issue was the appropriate rate of pre-judgment interest to be applied in the circumstances. The court needed to determine whether the orders made were clear enough to warrant amendment, and if so, what interest rate should apply.

In its reasoning, the court found that the orders did not clearly manifest the Court’s intention to permit the amendment sought by Paltos. The language of the orders did not provide a basis for the amendment that Paltos proposed. Regarding the rate of pre-judgment interest, the court considered the statutory provisions and decided on the appropriate rate to be applied, considering the equities of the case. Ultimately, the court dismissed the motion, concluding that the orders were not sufficiently clear and that the application for amendment should not proceed. Consequently, the motion was dismissed with no orders as to costs.