Shannon v Chun [1912] HCA 52

Shannon v Chun [1912] HCA 52

The amendment to permit the plaintiff to set up a substituted contract was properly allowed, but should have been subject to terms as to costs, as the adjournment alone was insufficient compensation for the defendant; there was sufficient evidence for the jury to find for the plaintiff on the new case.

Parties
Appellant; Defendant: Sarah Shannon; Respondent; Plaintiff: Phillip Lee Chun
Jurisdiction
Australia
Judgment Date
16 August 1912
Procedural Posture
Appeal / Judgment on Appeal From Supreme Court of New South Wales
Outcome
Appeal dismissed. Order of Supreme Court varied as to costs and affirmed as varied, subject to terms as specified by the High Court.
Legal Topics
Pleading Amendments, Practice and Procedure, Costs
Civil Procedure Pleading Amendments Practice and Procedure Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Sarah Shannon

Appellant; Defendant

Phillip Lee Chun

Respondent; Plaintiff

Procedural Posture

Appeal / Judgment on Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the plaintiff should have been permitted to amend the pleadings to raise a new case after the first trial
  2. 2 Whether such an amendment should be subject to terms, specifically as to costs
  3. 3 Whether there was evidence to support the plaintiff's substituted case

Ratio Decidendi

The amendment to permit the plaintiff to set up a substituted contract was properly allowed, but should have been subject to terms as to costs, as the adjournment alone was insufficient compensation for the defendant; there was sufficient evidence for the jury to find for the plaintiff on the new case.

Court Disposition

Appeal dismissed. Order of Supreme Court varied as to costs and affirmed as varied, subject to terms as specified by the High Court.

Orders

  • Plaintiff to have costs of the first trial on the second scale only, less costs solely occasioned by the claim for £250 at the first trial and down to the amendment, which are to be allowed to the defendant on the first scale, to be set-off against plaintiff's costs.
  • Plaintiff must consent to these terms.