Makari v TAL Life Ltd [2020] NSWSC 455

Makari v TAL Life Ltd [2020] NSWSC 455

Leave to amend defence was not granted at this stage; the proposed amendments introduced new issues not already in real controversy, were ambiguous as drafted, risked unexpected forensic and limitation problems, and could cause prejudice to the plaintiff. TAL may provide further submissions and a revised draft addressing the Court's concerns before a final decision is made.

Jurisdiction
Australia
Judgment Date
28 April 2020
Procedural Posture
Notice of Motion to Amend Defence in Civil Claim (insurance) / Interlocutory Application Before Trial; Decision Deferred for Further Submissions
Outcome
Ruling deferred. Leave to amend currently refused; applicant permitted 14 days to provide further submissions and revised draft amendments.
Legal Topics
['leave to Amend Defence' 'life Insurance Exclusions' 'application of Statutory Limitation Periods' 'pleading Requirements']
['equity' 'civil Procedure' 'insurance'] ['leave to Amend Defence' 'life Insurance Exclusions' 'application of Statutory Limitation Periods' 'pleading Requirements']

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Procedural Posture

Notice of Motion to Amend Defence in Civil Claim (insurance) / Interlocutory Application Before Trial; Decision Deferred for Further Submissions

Legal Issues

  1. 1 ['Whether TAL Life Ltd should be granted leave to amend its defence to add new grounds based on the substance of the claim and policy exclusions' 'Whether proposed amendments would cause prejudice to the plaintiff and should be permitted at this late stage' 'The effect of s 47 of the Insurance Contracts Act 1984 (Cth) on the operation of the proposed exclusion' 'Adequacy and clarity of TAL’s proposed amendments regarding notification of illness and reliance on policy exclusions']

Ratio Decidendi

Leave to amend defence was not granted at this stage; the proposed amendments introduced new issues not already in real controversy, were ambiguous as drafted, risked unexpected forensic and limitation problems, and could cause prejudice to the plaintiff. TAL may provide further submissions and a revised draft addressing the Court's concerns before a final decision is made.

Court Disposition

Ruling deferred. Leave to amend currently refused; applicant permitted 14 days to provide further submissions and revised draft amendments.

Orders

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