Hopkins, Ann v Seymour Softwoods Ltd & Ors [1997] FCA 1301

Hopkins, Ann v Seymour Softwoods Ltd & Ors [1997] FCA 1301

Leave to amend paragraphs 19 and 20 of the defence was refused because the proposed amendments were sought late, would likely require further discovery, pleading, investigation or joinder and thereby delay the set hearing and prejudice the applicant, and the supporting material was deficient, hearsay-based or in an unacceptable evidentiary form and did not adequately support the amendments.

Jurisdiction
Australia
Judgment Date
11 November 1997
Procedural Posture
Practice and Procedure Application for Leave to Amend Defence / Notice of Motion
Outcome
Notice of motion dismissed with costs.
Legal Topics
['leave to Amend Defence' 'withdrawal of Admission' 'discovery' 'interlocutory Delay and Prejudice' 'hearsay Evidence']
['practice and Procedure' 'civil Procedure'] ['leave to Amend Defence' 'withdrawal of Admission' 'discovery' 'interlocutory Delay and Prejudice' 'hearsay Evidence']

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

Practice and Procedure Application for Leave to Amend Defence / Notice of Motion

Legal Issues

  1. 1 ['Whether the fourth respondent should be granted leave to amend paragraphs 19 and 20 of its defence.' 'Whether the proposed withdrawal of an admission that the fourth respondent received $18,202 should be allowed.' 'Whether the proposed amendments were supported by adequate evidence and could be allowed without causing delay or prejudice.']

Ratio Decidendi

Leave to amend paragraphs 19 and 20 of the defence was refused because the proposed amendments were sought late, would likely require further discovery, pleading, investigation or joinder and thereby delay the set hearing and prejudice the applicant, and the supporting material was deficient, hearsay-based or in an unacceptable evidentiary form and did not adequately support the amendments.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['The notice of motion be dismissed with costs.']