Genocanna Nominees Pty Ltd v Thirsty Point Pty Ltd (No 2) [2006] FCA 1335

Genocanna Nominees Pty Ltd v Thirsty Point Pty Ltd (No 2) [2006] FCA 1335

Justice demanded granting leave to amend where the respondents were always on notice of the applicants' claim for loss and damage in the manner contemplated in the proposed amendment, the trial proceeded on that basis, and there was no shown prejudice to the respondents.

Jurisdiction
Australia
Judgment Date
12 October 2006
Procedural Posture
Application for Leave to Amend Statement of Claim / Post Trial, After Delivery of Reasons But Before Entry of Final Orders
Outcome
Leave to amend granted
Legal Topics
['amendment of Pleadings' 'leave to Amend After Trial' 'order 13 Rule 2' 'prejudice to Other Party']
['practice and Procedure'] ['amendment of Pleadings' 'leave to Amend After Trial' 'order 13 Rule 2' 'prejudice to Other Party']

Case Brief

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Procedural Posture

Application for Leave to Amend Statement of Claim / Post Trial, After Delivery of Reasons But Before Entry of Final Orders

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim after trial and publication of reasons for judgment']

Ratio Decidendi

Justice demanded granting leave to amend where the respondents were always on notice of the applicants' claim for loss and damage in the manner contemplated in the proposed amendment, the trial proceeded on that basis, and there was no shown prejudice to the respondents.

Court Disposition

Leave to amend granted

Orders

  • ['Leave is granted to the second and third applicants to amend their statement of claim in accordance with the proposed amended statement of claim annexed to the affidavit of the third respondent sworn on 25 September 2006.']