Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 169

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 169

The defendant failed to justify the lateness of its application to amend and did not show that any adjournment or order for costs could sufficiently mitigate the prejudice to the plaintiff; thus, the discretion to allow the amendment should not be exercised in the defendant's favour.

Jurisdiction
Australia
Judgment Date
16 March 2000
Procedural Posture
Defamation / Interlocutory Application—defendant's Motion to Amend Case on Justification
Outcome
Defendant's motion to amend dismissed with costs.
Legal Topics
['amendment of Pleadings' 'justification Defence' 'prejudice to Parties' 'late Amendment in Trial']
['defamation'] ['amendment of Pleadings' 'justification Defence' 'prejudice to Parties' 'late Amendment in Trial']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application—defendant's Motion to Amend Case on Justification

Legal Issues

  1. 1 ['Should the defendant be granted leave to amend its case on justification to include particulars relating to Paul Fraser?' 'Would granting the amendment prejudice the plaintiff?']

Ratio Decidendi

The defendant failed to justify the lateness of its application to amend and did not show that any adjournment or order for costs could sufficiently mitigate the prejudice to the plaintiff; thus, the discretion to allow the amendment should not be exercised in the defendant's favour.

Court Disposition

Defendant's motion to amend dismissed with costs.

Orders

  • ['The Notice of Motion is dismissed with costs.']