Cohen v Double Bay Bowling Club (No 3) [2021] NSWSC 295

Cohen v Double Bay Bowling Club (No 3) [2021] NSWSC 295

Leave to amend was refused because the proposed amendments failed to plead duties and alleged breaches with sufficient particularity; the deficiencies included unspecified factual bases, lack of clear identification of which statutory duties and breaches applied to each defendant, and overly general references to expert reports instead of direct allegations.

Jurisdiction
Australia
Judgment Date
26 March 2021
Procedural Posture
Technology and Construction List / Application for Leave to Amend Pleading
Outcome
Application refused
Legal Topics
['pleadings' 'amendment' 'duty of Care' 'breach of Duty']
['civil Procedure' 'equity' 'technology and Construction'] ['pleadings' 'amendment' 'duty of Care' 'breach of Duty']

Case Brief

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Procedural Posture

Technology and Construction List / Application for Leave to Amend Pleading

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Technology and Construction List Statement' 'Whether the proposed amendments are pleaded with sufficient particularity, specifically regarding duties and breaches']

Ratio Decidendi

Leave to amend was refused because the proposed amendments failed to plead duties and alleged breaches with sufficient particularity; the deficiencies included unspecified factual bases, lack of clear identification of which statutory duties and breaches applied to each defendant, and overly general references to expert reports instead of direct allegations.

Court Disposition

Application refused

Orders

  • ["Plaintiffs' notice of motion of 26 February 2021 dismissed with costs" 'Costs may be assessed forthwith and are to be payable forthwith on assessment' 'If plaintiffs wish to further amend their List Statement, they should file and serve a notice of motion seeking leave by 5pm on 14 April 2021' 'Such motion should...