Liu v Chen & Anor (No 1) [2021] NSWDC 125

Leave to amend the statement of claim is granted as the amendment accords with common sense, is in the interests of justice, and there is no practical evidentiary prejudice to the defendants.

Parties: Plaintiff: Guo Hua Liu; 1st Defendant: Qi Lian Chen; 2nd Defendant: Fu Xin Zhao
Jurisdiction: Australia
Judgment Date: 13 April 2021
Procedural Posture: Civil / Application for Leave to Amend Statement of Claim
Outcome: Leave granted
Legal Topics: Amendment of Pleadings, Evidentiary Prejudice, Apportionment of Liability

Practice and Procedure Amendment of Pleadings Evidentiary Prejudice Apportionment of Liability

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Parties

Guo Hua Liu

Plaintiff

Qi Lian Chen

1st Defendant

Fu Xin Zhao

2nd Defendant

Procedural Posture

Civil / Application for Leave to Amend Statement of Claim

Legal Issues

1 Whether leave should be granted to amend the statement of claim
2 Whether amendment would cause evidentiary prejudice to the defendants

Ratio Decidendi

Leave to amend the statement of claim is granted as the amendment accords with common sense, is in the interests of justice, and there is no practical evidentiary prejudice to the defendants.

Court Disposition

Leave granted

Orders

Plaintiff granted leave to file and rely on amended statement of claim upon provision of duly signed and verified statement to court and service on defendants.
Defendants granted leave to file and serve amended defences and may file cross-claims against each other, timing as required.