Tred Consultants Pty Ltd v Kirana Training Pty Ltd (No.2) [2021] NSWDC 138

Tred Consultants Pty Ltd v Kirana Training Pty Ltd (No.2) [2021] NSWDC 138

The amendment application was refused because permitting further amendments at this stage, based on the referee's second calculation, would prejudice the defendant, require reopening evidence, cause further delay, and be contrary to case management objectives; unverified findings cannot support a just outcome and breach allegations must be pleaded and proven.

Parties
Plaintiff/cross Defendant: Tred Consultants Pty Ltd; Defendant/cross Claimant: Kirana Training Pty Ltd
Jurisdiction
Australia
Judgment Date
26 April 2021
Procedural Posture
Civil / Application for Leave to Further Amend Pleading
Outcome
plaintiff's application to further amend dismissed with costs
Legal Topics
Amendment of Pleadings, Case Management, Referee's Report Adoption
Civil Procedure Amendment of Pleadings Case Management Referee's Report Adoption

Case Brief

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Parties

Tred Consultants Pty Ltd

Plaintiff/cross Defendant

Kirana Training Pty Ltd

Defendant/cross Claimant

Procedural Posture

Civil / Application for Leave to Further Amend Pleading

Legal Issues

  1. 1 Whether leave should be granted to further amend the plaintiff's pleading
  2. 2 Exercise of discretion to grant leave to amend in light of referee's report and case management objectives

Ratio Decidendi

The amendment application was refused because permitting further amendments at this stage, based on the referee's second calculation, would prejudice the defendant, require reopening evidence, cause further delay, and be contrary to case management objectives; unverified findings cannot support a just outcome and breach allegations must be pleaded and proven.

Court Disposition

plaintiff's application to further amend dismissed with costs

Orders

  • Plaintiff's application for leave to further amend its pleading is refused.
  • Plaintiff's application dismissed with costs.