Fleming v Segal [2002] NSWSC 961

Fleming v Segal [2002] NSWSC 961

The plaintiff is not precluded by the Court of Appeal's earlier orders or reasoning from amending the Statement of Claim to include the 1989 claim or further causes of action; leave to amend is granted.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 October 2002
Procedural Posture
Professional Negligence / Application for Leave to Amend Statement of Claim
Outcome
leave to amend granted
Legal Topics
['leave to Amend' 'limitation Defence' 'negligence']
['practice and Procedure' 'professional Negligence'] ['leave to Amend' 'limitation Defence' 'negligence']

Source-derived case record

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 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Professional Negligence / Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiff is precluded from amending the statement of claim to add a new cause of action based on events in 1989' 'Whether leave should be granted to amend the Statement of Claim under Supreme Court Rules Pt.20 r.4(5)']

Ratio Decidendi

The plaintiff is not precluded by the Court of Appeal's earlier orders or reasoning from amending the Statement of Claim to include the 1989 claim or further causes of action; leave to amend is granted.

Court Disposition

leave to amend granted

Orders

  • ["Order pursuant to paragraph 1 of the plaintiff's notice of motion filed on 26 August 2002" "Defendant to pay the plaintiff's costs of the notice of motion save as to so much of the notice of motion as was consented to on 6 September 2002" 'Defendant to file his defence on or before 30 October 2002' 'Plaintiff to...