Gentry Brothers Pty Ltd v Wilson Brown & Associates Pty Ltd & Ors [1995] FCA 73

Gentry Brothers Pty Ltd v Wilson Brown & Associates Pty Ltd & Ors [1995] FCA 73

Leave to amend was granted because the value of the Carrara property had long been an issue in the proceeding, valuation evidence and reports had been obtained or exchanged, the third and fourth respondents were able to meet the issue by evidence as to value, no real prejudice was shown, and the true measure of damages was an important matter that should be clarified on the pleadings.

Jurisdiction
Australia
Judgment Date
21 February 1995
Procedural Posture
Original Action With Cross Claims / Application for Leave to Amend the First and Second Respondents' Defence to the Amended First Cross Claim
Outcome
Leave granted to the first and second respondents to further amend the defence to the amended first cross-claim; costs ordered against the first and second respondents.
Legal Topics
['leave to Amend Defence' 'pleadings' 'cross Claims' 'prejudice' 'measure of Damages' 'valuation Evidence']
['practice and Procedure' 'civil Procedure'] ['leave to Amend Defence' 'pleadings' 'cross Claims' 'prejudice' 'measure of Damages' 'valuation Evidence']

Case Brief

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Procedural Posture

Original Action With Cross Claims / Application for Leave to Amend the First and Second Respondents' Defence to the Amended First Cross Claim

Legal Issues

  1. 1 ['Whether the first and second respondents should be granted leave to further amend their defence to the amended first cross-claim.' 'Whether the third and fourth respondents could meet the matters raised by the proposed amendment by way of evidence.' 'Whether the third and fourth respondents would suffer prejudice if the amendment were permitted.' 'Whether any loss suffered by the third or fourth respondent should be calculated by reference to the value of the Carrara property or the stated contract sum.']

Ratio Decidendi

Leave to amend was granted because the value of the Carrara property had long been an issue in the proceeding, valuation evidence and reports had been obtained or exchanged, the third and fourth respondents were able to meet the issue by evidence as to value, no real prejudice was shown, and the true measure of damages was an important matter that should be clarified on the pleadings.

Court Disposition

Leave granted to the first and second respondents to further amend the defence to the amended first cross-claim; costs ordered against the first and second respondents.

Orders

  • ['The first and second respondents have leave to further amend the defence to the amended first cross-claim in terms of Exhibit 68.' "The third and fourth respondents' costs of and incidental to the application to amend the defence to the first cross-claim, including costs associated with argument on 16 and 17...