Zhang v Popovic [2015] NSWSC 1593

Zhang v Popovic [2015] NSWSC 1593

The amendment did not plead a new or different cause of action, as negligence remained the pleaded cause and particulars were merely being refined. There was no substantial prejudice to the seventh defendant, given the stage of proceedings and the evidence available. Accordingly, leave to amend was granted.

Jurisdiction
Australia
Judgment Date
29 October 2015
Procedural Posture
Personal Injury Proceedings / Interlocutory Application to Amend Statement of Claim
Outcome
Amendment granted and costs ordered in the cause against the seventh defendant.
Legal Topics
['personal Injury' 'amendment of Pleadings' 'prejudice' 'limitation Periods']
['practice and Procedure'] ['personal Injury' 'amendment of Pleadings' 'prejudice' 'limitation Periods']

Case Brief

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Procedural Posture

Personal Injury Proceedings / Interlocutory Application to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to amend the statement of claim.' 'Whether the proposed amendment pleads a new or different cause of action.' 'Whether the seventh defendant would be unduly prejudiced by the proposed amendment.']

Ratio Decidendi

The amendment did not plead a new or different cause of action, as negligence remained the pleaded cause and particulars were merely being refined. There was no substantial prejudice to the seventh defendant, given the stage of proceedings and the evidence available. Accordingly, leave to amend was granted.

Court Disposition

Amendment granted and costs ordered in the cause against the seventh defendant.

Orders

  • ['The plaintiff has leave to amend the statement of claim in accordance with the proposed sixth amended statement of claim.' "The costs of the proceedings before me are the plaintiff's costs in the cause against the seventh defendant." 'The matter is listed before the Common Law Registrar for directions at 9 AM on 5...