Jones v Lindsay [2020] NSWDC 885

Jones v Lindsay [2020] NSWDC 885

Leave to amend the statement of claim is granted because it enables real issues to be ventilated and is not precluded by prejudice, delay, or demonstrated futility; the question of whether a common law duty exists can be determined later.

Jurisdiction
Australia
Judgment Date
10 July 2020
Procedural Posture
Civil / Interlocutory (amendment of Statement of Claim)
Outcome
Leave granted to amend statement of claim; directions made for further conduct of proceedings; costs orders made.
Legal Topics
['originating Process' 'amendment']
['civil Procedure'] ['originating Process' 'amendment']

Case Brief

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Procedural Posture

Civil / Interlocutory (amendment of Statement of Claim)

Legal Issues

  1. 1 ['Whether to grant leave to amend the statement of claim to include an alternative claim of common law negligence' 'Whether the amendment would cause prejudice, delay, or is futile']

Ratio Decidendi

Leave to amend the statement of claim is granted because it enables real issues to be ventilated and is not precluded by prejudice, delay, or demonstrated futility; the question of whether a common law duty exists can be determined later.

Court Disposition

Leave granted to amend statement of claim; directions made for further conduct of proceedings; costs orders made.

Orders

  • ['Plaintiff to file and serve the amended statement of claim by 15 July 2020.' 'Defendant to file and serve any defence to the amended statement of claim by 29 July 2020.' "Plaintiff to serve any further lay and expert evidence in reply to defendant's evidence by 26 August 2020." "Parties' geotechnical experts to...