In the matter of Waltek Industries Pty Ltd (in liquidation) [2020] NSWSC 444

Leave to amend was granted because the proposed amendments did not introduce new facts, did not create prejudice, and the pleadings were sufficiently clear to allow the defendants to know the case they must meet.

Parties: First Plaintiff: Waltek Industries Pty Ltd (in liquidation); Second Plaintiff: Jamieson Louttit; First Defendant: Rade Dudurovic; Second Defendant: David Nicholas Solomon; Third Defendant: L.G. Solomon Pty Ltd; Fourth Defendant: Sequent Corporation Pty Ltd
Jurisdiction: Australia
Judgment Date: 23 April 2020
Procedural Posture: Interlocutory Application / Leave to Amend Statement of Claim
Outcome: Leave granted to amend Statement of Claim.
Legal Topics: Leave to Amend Pleadings, Adequacy of Particulars, Prejudice to Defendants

Civil Procedure Leave to Amend Pleadings Adequacy of Particulars Prejudice to Defendants

Case Brief

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Parties

Waltek Industries Pty Ltd (in liquidation)

First Plaintiff

Jamieson Louttit

Second Plaintiff

Rade Dudurovic

First Defendant

David Nicholas Solomon

Second Defendant

L.G. Solomon Pty Ltd

Third Defendant

Sequent Corporation Pty Ltd

Fourth Defendant

Procedural Posture

Interlocutory Application / Leave to Amend Statement of Claim

Legal Issues

1 Whether leave should be granted to amend the Statement of Claim
2 Whether the amended pleading adequately particularises the alternative case
3 Whether the defendants would suffer prejudice from the amendment

Ratio Decidendi

Court Disposition

Leave granted to amend Statement of Claim.

Orders

Leave granted to amend Statement of Claim as per Annexure 'A' of Mr Hayter's affidavit sworn 9 March 2020.
Plaintiffs to pay any costs thrown away by the amendment.