The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu [2017] NSWSC 1658

The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu [2017] NSWSC 1658

The Court found that although the error in naming could have been avoided by a more diligent search, the mistake did not mislead the parties or cause doubt as to which entity the plaintiffs intended to sue. Therefore, leave was granted to file the amended statement of claim.

Jurisdiction
Australia
Judgment Date
22 September 2017
Procedural Posture
Civil / Application for Leave to Amend Statement of Claim
Outcome
Leave granted to file amended statement of claim; costs of the application to be each party's costs in the cause.
Legal Topics
['amendment of Pleadings' 'limitation Period' 'misnaming of Defendant']
['civil Procedure'] ['amendment of Pleadings' 'limitation Period' 'misnaming of Defendant']

Case Brief

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Procedural Posture

Civil / Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim to correct the name of the defendant after the limitation period has expired' 'Whether the mistake in the name of the defendant was misleading or caused reasonable doubt as to the intended party']

Ratio Decidendi

The Court found that although the error in naming could have been avoided by a more diligent search, the mistake did not mislead the parties or cause doubt as to which entity the plaintiffs intended to sue. Therefore, leave was granted to file the amended statement of claim.

Court Disposition

Leave granted to file amended statement of claim; costs of the application to be each party's costs in the cause.

Orders

  • ['Pursuant to s 64 of the Civil Procedure Act 2005 (NSW), plaintiffs granted leave to file an amended statement of claim in the form annexed the notice of motion.' "Costs of the application to be each party's costs in the cause."]