Windridge Farm Pty Ltd v Grassi

The dispute before the court was between Windridge Farm Pty Ltd and Grassi, concerning allegations of breach of contract and misuse of confidential information. The case was heard in the Supreme Court of New South Wales. Windridge Farm Pty Ltd sought an order that Grassi be restrained from disclosing confidential information and an injunction to prevent further breaches of contract. Grassi sought to further amend the defence, proposing new defences of unclean hands, abuse of process, freedom of political communication, and raised the issue of delay in bringing the application.

The court considered whether the proposed amendments to the defence were permissible under the Civil Procedure Act 2005 and whether there was any prejudice to the plaintiff in allowing the amendments. The court found that the proposed defences of unclean hands and abuse of process were not relevant to the issues in the case. The court also found that the defence of freedom of political communication did not apply as the matter was a private dispute and not related to any political activity. The court noted that there was a significant delay in bringing the application, but ultimately found that the delay did not prejudice the plaintiff.

The court allowed the further amendment of the defence, permitting the defendant to raise the defence of delay in bringing the application. The court found that the defendant had established a genuine defence to the plaintiff's claims, and accordingly, dismissed the plaintiff's application for relief. The court did not make any orders for costs.