Connections Total Fitness for the Family Pty Limited v Selkirk Pastoral Co Pty Limited (No. 2) [2014] NSWSC 471

Connections Total Fitness for the Family Pty Limited v Selkirk Pastoral Co Pty Limited (No. 2) [2014] NSWSC 471

The proposed consequential loss amendments would necessitate the recall of witnesses, contradict prior representations about the scope of the damages hearing and would undermine the basis on which hearings were separated; for procedural fairness and proper case management, the amendments are disallowed at this stage.

Jurisdiction
Australia
Judgment Date
24 April 2014
Procedural Posture
Civil / Ruling on Amendment to Statement of Claim
Outcome
Amendments proposing consequential loss claims disallowed; uncontentious amendments allowed.
Legal Topics
['amendment of Pleadings' 'separation of Hearings' 'consequential Loss Claims']
['procedure'] ['amendment of Pleadings' 'separation of Hearings' 'consequential Loss Claims']

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Procedural Posture

Civil / Ruling on Amendment to Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiffs should be permitted to amend the statement of claim to include consequential loss claims after the hearings were split and findings made in the contract hearing']

Ratio Decidendi

The proposed consequential loss amendments would necessitate the recall of witnesses, contradict prior representations about the scope of the damages hearing and would undermine the basis on which hearings were separated; for procedural fairness and proper case management, the amendments are disallowed at this stage.

Court Disposition

Amendments proposing consequential loss claims disallowed; uncontentious amendments allowed.

Orders

  • ['The amendment proposed in paragraph 30(c) of the proposed Further Amended Statement of Claim is disallowed.' 'Other proposed amendments may be made.']