SHALOUB & ANOR v BUCHANAN [2003] NSWSC 682

SHALOUB & ANOR v BUCHANAN [2003] NSWSC 682

Leave to amend the statement of claim to add a previously abandoned and statute-barred cause of action in injurious falsehood was refused because the plaintiffs had expressly abandoned it years before, further amendment would cause prejudice and delay, and there was no reasonable explanation for its revival.

Jurisdiction
Australia
Judgment Date
30 July 2003
Procedural Posture
Civil / Interlocutory Application to Amend Statement of Claim
Outcome
Plaintiffs' notice of motion dismissed; plaintiffs to pay the defendant's costs; action placed for general management.
Legal Topics
['interlocutory Applications' 'amendment of Pleadings' 'injurious Falsehood' 'abandoned Causes of Action']
['civil Procedure'] ['interlocutory Applications' 'amendment of Pleadings' 'injurious Falsehood' 'abandoned Causes of Action']

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Procedural Posture

Civil / Interlocutory Application to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted leave to amend the statement of claim to add/replead a cause of action in injurious falsehood that was previously abandoned and is statute barred.']

Ratio Decidendi

Leave to amend the statement of claim to add a previously abandoned and statute-barred cause of action in injurious falsehood was refused because the plaintiffs had expressly abandoned it years before, further amendment would cause prejudice and delay, and there was no reasonable explanation for its revival.

Court Disposition

Plaintiffs' notice of motion dismissed; plaintiffs to pay the defendant's costs; action placed for general management.

Orders

  • ["Plaintiffs' notice of motion dismissed." "Plaintiffs to pay the defendant's costs." 'Action to be placed for general management in the Common Law Division.']