Travis McEwen Group Pty Limited v Cameron Skene [1999] NSWCA 265

Travis McEwen Group Pty Limited v Cameron Skene [1999] NSWCA 265

The trial judge's discretion miscarried because the orders made did not give proper consideration to the manifest injustice and prejudice to the claimant resulting from the late amendment and joinder as a defendant. The injustice could not be cured by orders short of recommencing the litigation.

Parties
Claimant: Travis McEwen Group Pty Limited; Opponent: Cameron Skene
Jurisdiction
Australia
Judgment Date
23 July 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Joinder of Parties, Discretionary Interlocutory Judgment, Prejudice, Injustice
Practice and Procedure Amendment of Pleadings Joinder of Parties Discretionary Interlocutory Judgment Prejudice Injustice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Travis McEwen Group Pty Limited

Claimant

Cameron Skene

Opponent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in granting leave to amend the statement of claim to join a third party as a defendant late in the proceedings
  2. 2 Whether prejudice and actual injustice resulted from the amendments and joinder

Ratio Decidendi

The trial judge's discretion miscarried because the orders made did not give proper consideration to the manifest injustice and prejudice to the claimant resulting from the late amendment and joinder as a defendant. The injustice could not be cured by orders short of recommencing the litigation.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs
  • Orders below set aside