Renshaw v New South Wales Lotteries Corporation Pty Ltd [2019] NSWSC 537

Renshaw v New South Wales Lotteries Corporation Pty Ltd [2019] NSWSC 537

Leave to amend to plead reliance on Limitation Act s 55 in the statement of claim is refused as such pleading is premature and only properly responsive to a pleaded limitation defence. Leave for formal amendment clarifying statutory basis for damages claims is granted as this reflects the nature of the extant claim and is not opposed.

Jurisdiction
Australia
Judgment Date
09 May 2019
Procedural Posture
Civil / Interlocutory Motion; Directions Hearing
Outcome
Orders 1 and 2 of the plaintiff's Amended Notice of Motion dismissed; leave granted for formal amendment re statutory basis of relief; timetable set for amended pleadings and responses; costs in the cause.
Legal Topics
['leave to Amend Pleadings' 'limitation Period Pleadings' 'pro Bono Referral' 'costs in the Cause']
['civil Procedure'] ['leave to Amend Pleadings' 'limitation Period Pleadings' 'pro Bono Referral' 'costs in the Cause']

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Procedural Posture

Civil / Interlocutory Motion; Directions Hearing

Legal Issues

  1. 1 ['Whether to make further orders for pro bono legal assistance under r 7.36 of the Uniform Civil Procedure Rules 2005' 'Whether to grant leave to amend the statement of claim to plead reliance on Limitation Act 1969 (NSW) provisions' 'Whether to permit formal amendments to clarify basis of damages claim']

Ratio Decidendi

Leave to amend to plead reliance on Limitation Act s 55 in the statement of claim is refused as such pleading is premature and only properly responsive to a pleaded limitation defence. Leave for formal amendment clarifying statutory basis for damages claims is granted as this reflects the nature of the extant claim and is not opposed.

Court Disposition

Orders 1 and 2 of the plaintiff's Amended Notice of Motion dismissed; leave granted for formal amendment re statutory basis of relief; timetable set for amended pleadings and responses; costs in the cause.

Orders

  • ['Dismiss orders 1 and 2 of the Amended Notice of Motion filed by the plaintiff on 26 March 2019.' 'Grant leave to the plaintiff to amend paragraphs 1 and 2 of the relief claimed in the Fourth Amended Statement of Claim to add statutory bases for relief.' 'Plaintiff to file and serve a Fifth Amended Statement of...