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
Summary, issues, holding and outcome
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Procedural Posture
Application to Amend the Pt 33 Statement / Interlocutory Application
Legal Issues
- 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.']
Full Case Text
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