Wang v Chea (No 2) [2015] NSWDC 161

Wang v Chea (No 2) [2015] NSWDC 161

The proposed amendment does not add anything of substance to that which is already alleged, will not substantially increase the time and cost, and any prejudice to the defendants can be addressed through appropriate costs orders. There is no trial date, both parties indicate readiness for trial, and no further evidence is proposed. The amendment is therefore allowed.

Parties
First Plaintiff: Shikuan Wang; Second Plaintiff: Fenlian Jin; Third Plaintiff: Rui King Pty Ltd ACN 156 351 441; First Defendant: Pauline Yi Bin Chea; Second Defendant: Kevin Cheang Meang Chea; Third Defendant: Golden Tower Enterprises Pty Ltd ACN 130 397 634
Jurisdiction
Australia
Judgment Date
05 February 2015
Procedural Posture
Civil / Interlocutory – Application to Amend Statement of Claim
Outcome
application granted
Legal Topics
Amendment of Pleadings
Practice and Procedure Amendment of Pleadings

Case Brief

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Parties

Shikuan Wang

First Plaintiff

Fenlian Jin

Second Plaintiff

Rui King Pty Ltd ACN 156 351 441

Third Plaintiff

Pauline Yi Bin Chea

First Defendant

Kevin Cheang Meang Chea

Second Defendant

Golden Tower Enterprises Pty Ltd ACN 130 397 634

Third Defendant

Procedural Posture

Civil / Interlocutory – Application to Amend Statement of Claim

Legal Issues

  1. 1 Whether to grant leave to file the proposed Further Amended Statement of Claim
  2. 2 Whether the proposed amendments would cause prejudice or undue delay
  3. 3 Whether issues raised by the amendment are already in issue in the proceedings

Ratio Decidendi

The proposed amendment does not add anything of substance to that which is already alleged, will not substantially increase the time and cost, and any prejudice to the defendants can be addressed through appropriate costs orders. There is no trial date, both parties indicate readiness for trial, and no further evidence is proposed. The amendment is therefore allowed.

Court Disposition

application granted

Orders

  • Plaintiffs allowed to file the proposed Further Amended Statement of Claim
  • Plaintiffs to pay any costs thrown away by reason of the amendment