Wormleaton v Thomas & Coffey Ltd & Ors [2013] NSWSC 1813

The dictates of justice in this case favoured allowing the amendment given the origin of the claim (new joint report), lack of dereliction by the plaintiff, and ability to cure any prejudice to the defendants by adjournment and costs. The first and second defendants elected not to seek adjournment, so curable prejudice did not warrant refusal of leave to amend.

Jurisdiction: Australia
Judgment Date: 04 December 2013
Procedural Posture: Interlocutory Application / Application for Leave to Amend Statement of Particulars
Outcome: Leave granted to the plaintiff to file a further amended statement of particulars.
Legal Topics: ['leave to Amend Statement of Particulars' 'case Management' 'application for Amendment' 'interlocutory Orders']

['practice and Procedure'] ['leave to Amend Statement of Particulars' 'case Management' 'application for Amendment' 'interlocutory Orders']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Interlocutory Application / Application for Leave to Amend Statement of Particulars

Legal Issues

1 ['Whether to grant leave to the plaintiff to file a further amended statement of particulars to include future out of pocket expenses such as above the knee amputation and prosthesis costs.']

Ratio Decidendi

Court Disposition

Leave granted to the plaintiff to file a further amended statement of particulars.

Orders

['Plaintiff granted leave to file further amended statement of particulars.']