Dlakic v MLC Limited [2018] NSWSC 1755

Dlakic v MLC Limited [2018] NSWSC 1755

Leave to amend a defence to reinstate an allegation should be granted when documents substantiating the allegation come to light, the amendment gives rise to a real issue in dispute, there is no identifiable prejudice caused to the opposing party, and the interests of justice favour resolving the real issues...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 November 2018
Procedural Posture
Civil / Ruling on Interlocutory Motion to Amend Defence
Outcome
Leave granted to amend defence and rely on affidavit; costs orders made; hearing date confirmed.
Legal Topics
['leave to Amend Pleadings' 'costs Order' 'reinstatement of Withdrawn Allegation']
['practice and Procedure'] ['leave to Amend Pleadings' 'costs Order' 'reinstatement of Withdrawn Allegation']

Source-derived case record

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Procedural Posture

Civil / Ruling on Interlocutory Motion to Amend Defence

Legal Issues

  1. 1 ['Whether leave should be granted to the defendant to amend its defence to reinstate an allegation' 'Whether leave should be granted to rely on late-served evidence' 'Whether costs orders should be made as a consequence of the amendment and the motion']

Ratio Decidendi

Leave to amend a defence to reinstate an allegation should be granted when documents substantiating the allegation come to light, the amendment gives rise to a real issue in dispute, there is no identifiable prejudice caused to the opposing party, and the interests of justice favour resolving the real issues efficiently and fairly. Leave should also be granted to rely on evidence served late where it supports the substantive amendment and will not prejudice the trial timetable.

Court Disposition

Leave granted to amend defence and rely on affidavit; costs orders made; hearing date confirmed.

Orders

  • ['Grant leave to the defendant to file and serve a further amended defence within seven days.' 'Grant leave to the defendant to rely at the hearing on the affidavit sworn 20 September 2018 by Bryan Lee.' "Order the defendant to pay the plaintiff's costs thrown away by reason of the amendment." "Order the plaintiff...