Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 116

Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 116

Leave to further amend the statement of claim was refused because the proposed amended economic loss figures depended on income assumptions and expert material that had not been shown to be admissible or properly proved; there was no admissible evidence otherwise supporting the amendment sought.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 February 2004
Procedural Posture
Application for Leave to Further Amend Statement of Claim / Hearing of Application for Leave to Further Amend Claim for Economic Loss
Outcome
Leave to further amend the statement of claim refused.
Legal Topics
['leave to Amend' 'expert Evidence' 'hearsay' 'economic Loss' 'admissibility of Evidence']
['civil Procedure' 'evidence'] ['leave to Amend' 'expert Evidence' 'hearsay' 'economic Loss' 'admissibility of Evidence']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Further Amend Statement of Claim / Hearing of Application for Leave to Further Amend Claim for Economic Loss

Legal Issues

  1. 1 ["Whether leave should be granted to further amend the statement of claim to change the sums and calculation method for the applicant's claimed economic loss." 'Whether the proposed expert evidence from Mr Calder and Mr Pike provided an admissible evidentiary basis for the proposed amendments.' 'Whether hearsay material and information from salary surveys and companies could support the claimed income figures.']

Ratio Decidendi

Leave to further amend the statement of claim was refused because the proposed amended economic loss figures depended on income assumptions and expert material that had not been shown to be admissible or properly proved; there was no admissible evidence otherwise supporting the amendment sought.

Court Disposition

Leave to further amend the statement of claim refused.

Orders

  • ['Leave to further amend the statement of claim is refused.']