Ormes v Lewis [2006] NSWSC 16

Ormes v Lewis [2006] NSWSC 16

Leave to amend the summons to add a ground challenging the Tribunal's jurisdiction is refused because jurisdiction was conceded before the Tribunal, the defendants relied upon that concession, there was delayed application without sufficient explanation, and the specific contract circumstances did not support an arguable case for lack of jurisdiction. Likewise, leave to file further affidavits was refused as misconceived and contrary to the finality of litigation, as the plaintiff had an opportunity to lead evidence below.

Jurisdiction
Australia
Judgment Date
03 February 2006
Procedural Posture
Notice of Motion (appeal From Tribunal) / Post Tribunal, Application to Amend Appeal and File Further Evidence
Outcome
Notice of motion dismissed. Plaintiff to pay the costs of the notice of motion.
Legal Topics
['jurisdiction' 'credit Contracts' 'leave to Amend' 'late Evidence' 'finality of Litigation']
['administrative Law' 'consumer Law'] ['jurisdiction' 'credit Contracts' 'leave to Amend' 'late Evidence' 'finality of Litigation']

Case Brief

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Procedural Posture

Notice of Motion (appeal From Tribunal) / Post Tribunal, Application to Amend Appeal and File Further Evidence

Legal Issues

  1. 1 ["Whether leave should be granted to amend the summons to add a new ground of appeal challenging the Tribunal's jurisdiction" 'Whether leave should be granted to file further affidavits with material not before the Tribunal']

Ratio Decidendi

Leave to amend the summons to add a ground challenging the Tribunal's jurisdiction is refused because jurisdiction was conceded before the Tribunal, the defendants relied upon that concession, there was delayed application without sufficient explanation, and the specific contract circumstances did not support an arguable case for lack of jurisdiction. Likewise, leave to file further affidavits was refused as misconceived and contrary to the finality of litigation, as the plaintiff had an opportunity to lead evidence below.

Court Disposition

Notice of motion dismissed. Plaintiff to pay the costs of the notice of motion.

Orders

  • ['The notice of motion is dismissed.' 'The plaintiff is to pay the costs of the notice of motion.']