Di Giulio v Shell Refining (Australia) Pty Ltd & Anor (No 1) [2004] NSWDDT 36

Di Giulio v Shell Refining (Australia) Pty Ltd & Anor (No 1) [2004] NSWDDT 36

The application to amend was refused because it was too late to add the claim for funeral expenses and cost of interment without notice.

Jurisdiction
Australia
Judgment Date
02 August 2004
Procedural Posture
Application to Amend the Pt 33 Statement / Interlocutory Application
Outcome
Application to amend refused.
Legal Topics
['amendment of Pt 33 Statement' 'funeral Expenses and Cost of Interment' 'prejudice From Late Amendment']

Case Brief

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Procedural Posture

Application to Amend the Pt 33 Statement / Interlocutory Application

  1. 1 ['Whether the plaintiff should be permitted to amend the Pt 33 statement by adding funeral expenses and cost of interment of $30,000 to par 3(b).']

Ratio Decidendi

The application to amend was refused because it was too late to add the claim for funeral expenses and cost of interment without notice.

Court Disposition

Application to amend refused.

Orders

  • ['The application to amend is refused.']