Jabbar v Gade (pseudonyms) [2021] NSWSC 997

Jabbar v Gade (pseudonyms) [2021] NSWSC 997

The interests of justice favoured refusing the plaintiff's late application because the trial and submissions had concluded, judgment had been reserved, the proposed amendment and further evidence would cause further delay, the plaintiff gave no explanation for not raising the historical matters earlier despite having adduced voluminous evidence, the proposed pleadings and evidence were substantially directed to challenging or relitigating family law proceedings and orders rather than a proper purpose in these proceedings, and the further pleadings primarily did not disclose a cause of action.

Jurisdiction
Australia
Judgment Date
09 August 2021
Procedural Posture
Civil Proceedings for Damages for Alleged Assault and Battery / Plaintiff's Amended Notice of Motion After Hearing and Submissions Seeking Leave to Reopen, Further Amend the Amended Statement of Claim and Adduce Further Evidence
Outcome
The amended notice of motion filed 5 February 2021 was dismissed with costs.
Legal Topics
['amendment of Pleadings' 'reopening a Case' 'further Evidence After Decision Reserved' 'overriding Purpose' 'assault and Battery' 'challenges to Family Law Proceedings']
['civil Procedure' 'torts' 'family Law'] ['amendment of Pleadings' 'reopening a Case' 'further Evidence After Decision Reserved' 'overriding Purpose' 'assault and Battery' 'challenges to Family Law Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Proceedings for Damages for Alleged Assault and Battery / Plaintiff's Amended Notice of Motion After Hearing and Submissions Seeking Leave to Reopen, Further Amend the Amended Statement of Claim and Adduce Further Evidence

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to further amend the amended statement of claim after the hearing and submissions had concluded.' 'Whether the plaintiff should be permitted to reopen the case and adduce further evidence flowing from the proposed amendments.' 'Whether the proposed amendments and further evidence served a proper purpose in the proceedings or were directed to challenging family law proceedings and orders.' 'Whether the interests of justice favoured allowing the late amendment and further evidence.']

Ratio Decidendi

The interests of justice favoured refusing the plaintiff's late application because the trial and submissions had concluded, judgment had been reserved, the proposed amendment and further evidence would cause further delay, the plaintiff gave no explanation for not raising the historical matters earlier despite having adduced voluminous evidence, the proposed pleadings and evidence were substantially directed to challenging or relitigating family law proceedings and orders rather than a proper purpose in these proceedings, and the further pleadings primarily did not disclose a cause of action.

Court Disposition

The amended notice of motion filed 5 February 2021 was dismissed with costs.

Orders

  • ['The amended notice of motion filed 5 February 2021 is dismissed.' "The plaintiff pay the defendant's costs of the amended notion of motion as agreed or in default as assessed."]