Integral Energy Australia v EDS (Australia) Pty Limited & Ors [2006] NSWSC 406

Integral Energy Australia v EDS (Australia) Pty Limited & Ors [2006] NSWSC 406

The Court's discretion is best exercised by granting leave to amend the Summons as sought, save for the specific issues stood over, and by reserving for the trial judge the determination of the effective date of the amendments and consideration of limitation and inconsistency issues.

Jurisdiction
Australia
Judgment Date
10 May 2006
Procedural Posture
Civil / Interlocutory Application (notice of Motion for Leave to Amend Pleadings)
Outcome
Leave to amend as sought granted in part. Certain issues stood over for further consideration. Short minutes of order to be brought in.
Legal Topics
['amendment of Pleadings' 'limitations']
['civil Procedure'] ['amendment of Pleadings' 'limitations']

Case Brief

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Procedural Posture

Civil / Interlocutory Application (notice of Motion for Leave to Amend Pleadings)

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Summons to include new causes of action after the expiration of limitation periods' 'Whether proposed amendments arise out of the same or substantially the same facts as existing causes of action' 'Whether limitation and inconsistency issues regarding overlapping statutes should be determined now or reserved for trial judge' 'Whether the proposed pleadings of deceit are adequately particularised']

Ratio Decidendi

The Court's discretion is best exercised by granting leave to amend the Summons as sought, save for the specific issues stood over, and by reserving for the trial judge the determination of the effective date of the amendments and consideration of limitation and inconsistency issues.

Court Disposition

Leave to amend as sought granted in part. Certain issues stood over for further consideration. Short minutes of order to be brought in.

Orders

  • ['Leave to amend as sought in paragraphs C65 to C74 and C78(b) granted; date from which amendments are deemed to commence reserved for trial judge.' 'Application to amend as against first defendant to be allowed, with issue of limitation/inconsistency reserved for trial judge; order to be formulated or relisted if...