Hornsby Shire Council v Valuer General of New South Wales (No 2) [2013] NSWSC 510

Hornsby Shire Council v Valuer General of New South Wales (No 2) [2013] NSWSC 510

In the exercise of discretion, the court refused to allow the amendment adding paragraph 67 and the new statutory cause of action, principally due to unexplained delay, prejudice to the defendants at a late pre-trial stage, and the absence of any real prejudice to the plaintiff. The amendment would disrupt orderly trial preparation and undermine the overriding purpose of civil procedure legislation.

Jurisdiction
Australia
Judgment Date
18 April 2013
Procedural Posture
Motion to Amend Statement of Claim / Interlocutory Application Ruling
Outcome
Leave to amend granted in part (with exceptions); Application to add paragraph 67 and various words refused and dismissed as to those aspects; costs awarded against plaintiff.
Legal Topics
['amendment of Pleadings' 'accessorial Liability' 'discretion in Granting Amendments' 'statute Barred Causes of Action']
['civil Procedure'] ['amendment of Pleadings' 'accessorial Liability' 'discretion in Granting Amendments' 'statute Barred Causes of Action']

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Procedural Posture

Motion to Amend Statement of Claim / Interlocutory Application Ruling

Legal Issues

  1. 1 ['Whether to grant leave to amend the statement of claim to add a new statutory cause of action against certain defendants' 'Whether the amendment should be refused on grounds of delay, prejudice, or futility' 'Whether the proposed cause of action is statute-barred and if the court has power to allow such amendment']

Ratio Decidendi

In the exercise of discretion, the court refused to allow the amendment adding paragraph 67 and the new statutory cause of action, principally due to unexplained delay, prejudice to the defendants at a late pre-trial stage, and the absence of any real prejudice to the plaintiff. The amendment would disrupt orderly trial preparation and undermine the overriding purpose of civil procedure legislation.

Court Disposition

Leave to amend granted in part (with exceptions); Application to add paragraph 67 and various words refused and dismissed as to those aspects; costs awarded against plaintiff.

Orders

  • ['The plaintiff have leave to file the Third Amended Statement of Claim except for specified parts including paragraph 67 and particular wording amendments.' 'The plaintiff to pay the costs of the defendants thrown away by reason of the amendments in the Third Amended Statement of Claim.' 'The time for the plaintiff...