Paul v Cooke [2011] NSWSC 959

Paul v Cooke [2011] NSWSC 959

Leave to amend the statement of claim refused as to paragraphs 21(c) and 24(b) on the basis that the proposed amendments are irrelevant in light of the joint expert report, which answered the relevant questions in the negative, and there being no submission to reject the report. Leave granted only for additional particulars to paragraph 25, as agreed by the parties.

Jurisdiction
Australia
Judgment Date
18 July 2011
Procedural Posture
Civil / Interlocutory Application for Leave to Amend Statement of Claim
Outcome
Leave granted to amend paragraph 25; leave refused for other proposed amendments.
Legal Topics
['amendment of Statement of Claim' 'leave to Amend Pleadings' 'relevance of Particulars' 'joint Expert Evidence']
['practice and Procedure'] ['amendment of Statement of Claim' 'leave to Amend Pleadings' 'relevance of Particulars' 'joint Expert Evidence']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether plaintiff should be granted leave to amend statement of claim to include additional particulars and to qualify previous assertions regarding the condition of the aneurysm']

Ratio Decidendi

Leave to amend the statement of claim refused as to paragraphs 21(c) and 24(b) on the basis that the proposed amendments are irrelevant in light of the joint expert report, which answered the relevant questions in the negative, and there being no submission to reject the report. Leave granted only for additional particulars to paragraph 25, as agreed by the parties.

Court Disposition

Leave granted to amend paragraph 25; leave refused for other proposed amendments.

Orders

  • ['Leave granted to plaintiff to amend statement of claim by filing further amended statement of claim adding three additional particulars to paragraph 25.' 'Leave to amend paragraphs 21(c) and 24(b) refused.']