Blair v Killara Feedlot Pty Ltd and Anor [2023] NSWSC 63

Blair v Killara Feedlot Pty Ltd and Anor [2023] NSWSC 63

Leave should be granted to file the Amended Statement of Claim because it raised substantially the same cause of action, the delay was not significantly prejudicial, and allowing the amendment would facilitate the just, quick, and cheap resolution of real issues, as required by civil procedure principles. Cost consequences are addressed under the indulgence rule.

Jurisdiction
Australia
Judgment Date
09 February 2023
Procedural Posture
Notice of Motion for Leave to Amend Statement of Claim and Join Second Defendant / Interlocutory Application for Amendment
Outcome
Leave granted to file Amended Statement of Claim; plaintiff to pay first defendant's costs of the motion; various procedural orders made
Legal Topics
['case Management' 'non Compliance With Earlier Case Management Orders' 'amendment of Pleadings' 'costs' 'indulgence Rule']
['civil Procedure' 'personal Injury'] ['case Management' 'non Compliance With Earlier Case Management Orders' 'amendment of Pleadings' 'costs' 'indulgence Rule']

Case Brief

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Procedural Posture

Notice of Motion for Leave to Amend Statement of Claim and Join Second Defendant / Interlocutory Application for Amendment

Legal Issues

  1. 1 ['Whether leave should be granted nunc pro tunc to extend time for filing amended statement of claim' 'Whether the amendments substantially change the cause of action' 'Cost consequences of late amendment and application of the indulgence rule']

Ratio Decidendi

Leave should be granted to file the Amended Statement of Claim because it raised substantially the same cause of action, the delay was not significantly prejudicial, and allowing the amendment would facilitate the just, quick, and cheap resolution of real issues, as required by civil procedure principles. Cost consequences are addressed under the indulgence rule.

Court Disposition

Leave granted to file Amended Statement of Claim; plaintiff to pay first defendant's costs of the motion; various procedural orders made

Orders

  • ['Grant leave to the plaintiff to file and serve the Amended Statement of Claim by 23 February 2023' 'Reserve liberty to first defendant to apply to strike out references to NSWLLS and LLC if prejudiced' 'First defendant to seek further and better particulars by 9 March 2023' 'Plaintiff to provide particulars by 23...