Kaji Australia Pty Ltd v Glover [2017] NSWSC 120

Leave to amend the cross-claim to add new parties was granted because the lateness was adequately explained, and potential delay was likely to be ameliorated through proper case management. The amendment raised a respectable claim that should be resolved with the main proceedings in the interest of fairness.

Parties: First Plaintiff/first Cross Defendant: Kaji Australia Pty Ltd; Second Plaintiff/second Cross Defendant: William Bradley Webster; Defendant/cross Claimant: Johann Benson Glover
Jurisdiction: Australia
Judgment Date: 20 February 2017
Procedural Posture: Application to Amend Cross Claim / Interlocutory
Outcome: Leave granted to file amended cross-claim; orders as to costs made.
Legal Topics: Amendment of Cross Claim, Joinder of Parties, Costs

Procedure Amendment of Cross Claim Joinder of Parties Costs

Case Brief

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Parties

Kaji Australia Pty Ltd

First Plaintiff/first Cross Defendant

William Bradley Webster

Second Plaintiff/second Cross Defendant

Johann Benson Glover

Defendant/cross Claimant

Procedural Posture

Application to Amend Cross Claim / Interlocutory

Legal Issues

1 Whether leave should be granted to amend the cross-claim to add new parties
2 Appropriate order as to costs arising from the amendment

Ratio Decidendi

Court Disposition

Leave granted to file amended cross-claim; orders as to costs made.

Orders

Grant leave to the cross-claimant to file in court the amended first cross-claim.
Order the defendant to pay the plaintiffs' costs thrown away by reason of the amendment.