McManus v Knights Rugby League Pty Ltd [2019] NSWSC 1179

McManus v Knights Rugby League Pty Ltd [2019] NSWSC 1179

Leave to amend the statement of claim will be granted subject to the plaintiff first providing answers to the particulars requested by the first defendant, as the amended claim as presently drawn lacks necessary particularity but may be remedied by provision of particulars.

Jurisdiction
Australia
Judgment Date
10 September 2019
Procedural Posture
Application to Amend Statement of Claim / Interlocutory Application
Outcome
Leave to amend granted subject to provision of particulars; plaintiff directed to answer particulars; costs reserved.
Legal Topics
['pleading' 'amendment of Statement of Claim' 'particulars' 'costs']
['civil Procedure'] ['pleading' 'amendment of Statement of Claim' 'particulars' 'costs']

Case Brief

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Procedural Posture

Application to Amend Statement of Claim / Interlocutory Application

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim' 'Whether the proposed amended statement of claim is in proper form' 'Whether particulars should be provided before leave to amend is granted']

Ratio Decidendi

Leave to amend the statement of claim will be granted subject to the plaintiff first providing answers to the particulars requested by the first defendant, as the amended claim as presently drawn lacks necessary particularity but may be remedied by provision of particulars.

Court Disposition

Leave to amend granted subject to provision of particulars; plaintiff directed to answer particulars; costs reserved.

Orders

  • ["Direct the plaintiff to provide answers to the particulars requested in the first defendant's letter dated 31 August 2019 by no later than 21 days from the date of these reasons for judgment." 'Subject to compliance with order (1), grant leave to the plaintiff to amend the statement of claim in the form of the...