Dewheath Pty Ltd v Edmunds [2013] NSWSC 553

Dewheath Pty Ltd v Edmunds [2013] NSWSC 553

Leave to amend is granted except for limitation and Professional Standards Act defences, and except for paragraph 9.2(d). Amendments clarify ambiguities regarding retainer and scope of duties, and allow formalisation of existing factual disputes without causing undue prejudice, save where prejudice from late limitation and damages cap defences is substantiated and not adequately explained.

Parties
Plaintiff: Dewheath Pty Ltd; Defendant: Mark Strickland Edmunds; Defendant: Mark Edmunds Associates Pty Ltd; Defendant: Allianz Australia Insurance Ltd
Jurisdiction
Australia
Judgment Date
17 May 2013
Procedural Posture
Notice of Motion / Leave to Amend Defence and Costs Orders
Outcome
Leave granted in part; costs awarded to plaintiff
Legal Topics
Amendment of Pleadings, Withdrawal of Admissions, Professional Negligence, Contributory Negligence, Proportionate Liability, Limitation of Liability, Statute of Limitations, Costs Orders
Civil Procedure Amendment of Pleadings Withdrawal of Admissions Professional Negligence Contributory Negligence Proportionate Liability Limitation of Liability Statute of Limitations +1 more

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Parties

Dewheath Pty Ltd

Plaintiff

Mark Strickland Edmunds

Defendant

Mark Edmunds Associates Pty Ltd

Defendant

Allianz Australia Insurance Ltd

Defendant

Procedural Posture

Notice of Motion / Leave to Amend Defence and Costs Orders

Legal Issues

  1. 1 Whether leave should be granted to amend Defence including withdrawal of admissions and addition of new defences
  2. 2 Whether new defences are prejudicial to the plaintiff
  3. 3 Whether limitation and Professional Standards Act defences should be permitted

Ratio Decidendi

Leave to amend is granted except for limitation and Professional Standards Act defences, and except for paragraph 9.2(d). Amendments clarify ambiguities regarding retainer and scope of duties, and allow formalisation of existing factual disputes without causing undue prejudice, save where prejudice from late limitation and damages cap defences is substantiated and not adequately explained.

Court Disposition

Leave granted in part; costs awarded to plaintiff

Orders

  • Leave to the defendants to file and serve an amended Defence on or before 4pm 31 May 2013.
  • Defendants to pay plaintiff's costs of and occasioned by the amendments on an ordinary basis.