Emerald Civil Engineering Pty Ltd v Hunt [2015] NSWSC 786

Emerald Civil Engineering Pty Ltd v Hunt [2015] NSWSC 786

Leave to amend and join Remuneration Strategies Group Pty Ltd was granted, but not in the form first proposed, because a pleading containing no averments setting out a case against the proposed fifth defendant was deficient and could prejudice later pleading objections or invite a strike out application. The pleading was required to be further amended to plead relevant averments against the fifth defendant, including in the alternative. Costs of the motion were not awarded to the plaintiff because the defendants' objection to the form of pleading was well founded, although the plaintiff obtained leave to amend.

Jurisdiction
Australia
Judgment Date
10 June 2015
Procedural Posture
Claim for Professional Negligence and Damages Under the Australian Consumer Law Relating to Tax Advice / Plaintiff's Motion for Leave to Amend the Statement of Claim to Join Remuneration Strategies Group Pty Ltd as a Defendant and Effectively Remove the Fourth Defendant
Outcome
Leave granted to file an amended statement of claim joining Remuneration Strategies Group Pty Ltd as a defendant, subject to further amendment in accordance with the reasons; costs orders made.
Legal Topics
['joinder of Parties' 'amendment of Pleadings' 'apportionable Claims' 'concurrent Wrongdoer' 'material Facts in Pleadings' 'costs']
['civil Procedure' 'professional Negligence' 'australian Consumer Law' 'civil Liability'] ['joinder of Parties' 'amendment of Pleadings' 'apportionable Claims' 'concurrent Wrongdoer' 'material Facts in Pleadings' 'costs']

Case Brief

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Procedural Posture

Claim for Professional Negligence and Damages Under the Australian Consumer Law Relating to Tax Advice / Plaintiff's Motion for Leave to Amend the Statement of Claim to Join Remuneration Strategies Group Pty Ltd as a Defendant and Effectively Remove the Fourth Defendant

Legal Issues

  1. 1 ['Whether leave should be granted to file an amended statement of claim joining Remuneration Strategies Group Pty Ltd as a defendant.' 'Whether the proposed amended pleading adequately pleaded material facts against the proposed fifth defendant.' "What costs orders should be made concerning removal of the fourth defendant and the plaintiff's motion."]

Ratio Decidendi

Leave to amend and join Remuneration Strategies Group Pty Ltd was granted, but not in the form first proposed, because a pleading containing no averments setting out a case against the proposed fifth defendant was deficient and could prejudice later pleading objections or invite a strike out application. The pleading was required to be further amended to plead relevant averments against the fifth defendant, including in the alternative. Costs of the motion were not awarded to the plaintiff because the defendants' objection to the form of pleading was well founded, although the plaintiff obtained leave to amend.

Court Disposition

Leave granted to file an amended statement of claim joining Remuneration Strategies Group Pty Ltd as a defendant, subject to further amendment in accordance with the reasons; costs orders made.

Orders

  • ['Under s 64 Civil Procedure Act 2005 (NSW) and s 38 Civil Liability Act, leave is granted to the plaintiff to file an amended statement of claim joining Remuneration Strategies Group Pty Ltd ACN 095347783 as a defendant.' 'The proposed amended statement of claim, the front page of which is initialled by the judge,...