Greer v Pickering [2015] NSWSC 1039

Greer v Pickering [2015] NSWSC 1039

The procedural nature of the plaintiff’s amendment, the absence of forensic disadvantage to the defendant, and the enhancement to the conduct and understanding of the trial justified granting leave to amend, subject to retaining paragraphs relating to the first defendant; the plaintiff’s lateness in bringing the amendment warranted an order to pay the defendant’s costs.

Parties
Plaintiff: Annette Greer; Defendant: Garry Pickering
Jurisdiction
Australia
Judgment Date
29 July 2015
Procedural Posture
Civil / Interlocutory Application for Amendment of Pleadings
Outcome
Leave to amend statement of claim granted in specified form; plaintiff to pay costs of and incidental to the amendment.
Legal Topics
Amendment of Pleadings, Late Application to Amend, Procedural Disadvantage
Civil Procedure Amendment of Pleadings Late Application to Amend Procedural Disadvantage

Case Brief

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Parties

Annette Greer

Plaintiff

Garry Pickering

Defendant

Procedural Posture

Civil / Interlocutory Application for Amendment of Pleadings

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim
  2. 2 Whether the proposed amendment would result in procedural or forensic disadvantage to the defendant

Ratio Decidendi

The procedural nature of the plaintiff’s amendment, the absence of forensic disadvantage to the defendant, and the enhancement to the conduct and understanding of the trial justified granting leave to amend, subject to retaining paragraphs relating to the first defendant; the plaintiff’s lateness in bringing the amendment warranted an order to pay the defendant’s costs.

Court Disposition

Leave to amend statement of claim granted in specified form; plaintiff to pay costs of and incidental to the amendment.

Orders

  • Liberty granted to plaintiff to amend pleading in the form of the proposed second further amended statement of claim (initialled and dated 29 July 2015).
  • Order does not permit deletion of paragraphs 1 to 13 inclusive of the further amended statement of claim.