Lambert v Twigg Investments Pty Ltd (No 2) [2020] NSWSC 466

Lambert v Twigg Investments Pty Ltd (No 2) [2020] NSWSC 466

Leave to amend should be granted because the amendments facilitate the just, quick, and cheap resolution of the real issues; the absence of a good explanation for delay is outweighed by the lack of real prejudice to the defendants and the clarity of the pleadings.

Jurisdiction
Australia
Judgment Date
30 April 2020
Procedural Posture
Equity Commercial List / Interlocutory Application for Leave to Amend Pleadings
Outcome
Application for leave to amend pleadings granted; costs orders made.
Legal Topics
['leave to Amend Pleadings' 'costs Thrown Away' 'just, Quick and Cheap Resolution of Proceedings' 'delay in Amending Pleadings']
['equity' 'trusts' 'civil Procedure'] ['leave to Amend Pleadings' 'costs Thrown Away' 'just, Quick and Cheap Resolution of Proceedings' 'delay in Amending Pleadings']

Case Brief

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Procedural Posture

Equity Commercial List / Interlocutory Application for Leave to Amend Pleadings

Legal Issues

  1. 1 ['Whether leave should be granted to file a further amended statement of claim' 'Whether delay in seeking amendment justifies refusal' 'Whether proposed pleading is sufficiently clear' 'Whether the defendants would suffer prejudice from amendments']

Ratio Decidendi

Leave to amend should be granted because the amendments facilitate the just, quick, and cheap resolution of the real issues; the absence of a good explanation for delay is outweighed by the lack of real prejudice to the defendants and the clarity of the pleadings.

Court Disposition

Application for leave to amend pleadings granted; costs orders made.

Orders

  • ['The plaintiffs have leave to file and serve a Second Further Amended Summons and a Further Amended Statement of Claim.' "The plaintiffs pay the defendants' costs thrown away by reason of the amendment." "The costs of the notice of motion dated 23 April 2020 be the plaintiffs' costs in the cause."]