Hastings Capital Australia Pty Ltd v Lindenburg [2024] NSWSC 478

Hastings Capital Australia Pty Ltd v Lindenburg [2024] NSWSC 478

Leave to amend was granted because the proposed amendment did not effect any substantive change to the claim but merely reflected that the land formerly under one title was now under two titles; the question whether the plaintiff was entitled to both lots was already raised in the original defence, and the first defendant's complaint about amendment of the defence was unrelated to the need to amend the statement of claim.

Jurisdiction
Australia
Judgment Date
29 April 2024
Procedural Posture
Possession Proceedings / On the Papers Application for Leave to Amend Statement of Claim
Outcome
Leave granted to the plaintiff to amend its statement of claim; hearing date confirmed.
Legal Topics
['amendment of Pleadings' 'possession Proceedings' 'costs Thrown Away' 'subdivision of Secured Land']
['civil Procedure'] ['amendment of Pleadings' 'possession Proceedings' 'costs Thrown Away' 'subdivision of Secured Land']

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Procedural Posture

Possession Proceedings / On the Papers Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to amend its statement of claim to take account of the subdivision of the secured land and identify the land by reference to its new titles.' "Whether the first defendant's objection based on the plaintiff's refusal to consent to an amended defence provided a reason to refuse the plaintiff's amendment."]

Ratio Decidendi

Leave to amend was granted because the proposed amendment did not effect any substantive change to the claim but merely reflected that the land formerly under one title was now under two titles; the question whether the plaintiff was entitled to both lots was already raised in the original defence, and the first defendant's complaint about amendment of the defence was unrelated to the need to amend the statement of claim.

Court Disposition

Leave granted to the plaintiff to amend its statement of claim; hearing date confirmed.

Orders

  • ["Leave to the plaintiff to amend its statement of claim in the form annexed to the email from the plaintiff's solicitors to my associate dated 12 April 2024." 'The amended statement of claim is to be filed by 4:00pm on 1 May 2024.' 'The plaintiff is to pay any costs thrown away by reason of the amendment of the...