Reliance Financial Services Pty Ltd v Allyma Express Holdings Pty Ltd

Reliance Financial Services sought leave to rely on affidavits and a commercial list response that had been filed outside the allowed time and on the day before the hearing. The defendants, Allyma Express Holdings, opposed the application on the grounds of extreme prejudice. The court was required to determine whether the plaintiff was entitled to leave to file documents late and whether such leave should be granted given the prejudice to the defendants.

The court held that the late filing of the documents would result in extreme prejudice to the defendants, as they would not have sufficient time to prepare a proper response. The court noted that the defendants had already incurred significant costs in responding to the initial application, and allowing the late filings would further increase these costs. The court found that the plaintiff's reasons for the late filings were not compelling and that the prejudice to the defendants outweighed any potential benefit to the plaintiff. The court therefore refused the application for leave to file the documents out of time.

The court found that the loan agreements between the parties granted security interests over all the property of the relevant defendants. The court held that the defendants had breached the terms of the loan agreements and that the plaintiff was entitled to an order for delivery up of the specified property interests. The court did not grant leave for the plaintiff to file affidavits and a commercial list response out of time due to the extreme prejudice it would cause to the defendants. The court did, however, grant the plaintiff's application for an order for delivery up of the specified property interests.