Eades v Endeavour Energy [2018] NSWSC 1524

Eades v Endeavour Energy [2018] NSWSC 1524

Leave to amend was granted because the plaintiff was not shown to be at fault for failing to identify the Extended Stub and cavity #3 earlier, the new information was acted upon promptly, the amendment was sought at the earliest reasonable opportunity, the proposed case on cavity #3 raised a real question in the proceedings, and the defendants had not established actual prejudice or undue difficulty sufficient to outweigh the interests and dictates of justice in allowing the plaintiff to put the case. The defendants must be given an opportunity to meet the cavity #3 case, but what that required could not yet be determined.

Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Proceedings for Damages in Negligence Arising From a Bush Fire; Interlocutory Civil Procedure Ruling on Amendment of Pleadings / Plaintiff's Notice of Motion for Leave to Amend Statement of Claim on the First Day of Trial
Outcome
Leave to amend granted; costs of the notice of motion reserved.
Legal Topics
['pleadings' 'amendment of Pleadings' 'late Application for Amendment' 'interests and Dictates of Justice' 'prejudice' 'negligence']
['civil Procedure' 'torts'] ['pleadings' 'amendment of Pleadings' 'late Application for Amendment' 'interests and Dictates of Justice' 'prejudice' 'negligence']

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Procedural Posture

Proceedings for Damages in Negligence Arising From a Bush Fire; Interlocutory Civil Procedure Ruling on Amendment of Pleadings / Plaintiff's Notice of Motion for Leave to Amend Statement of Claim on the First Day of Trial

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to amend his statement of claim on the first day of trial to add a further ground of negligence based on cavity #3 in the Extended Stub of the Tree.' 'Whether the late amendment was caused by fault of the plaintiff, his expert or his legal advisers.' 'Whether allowing the amendment would cause prejudice to the defendants that outweighed the prejudice to the plaintiff if leave were refused.' 'Whether the proposed amendment raised a real question in the proceedings.']

Ratio Decidendi

Leave to amend was granted because the plaintiff was not shown to be at fault for failing to identify the Extended Stub and cavity #3 earlier, the new information was acted upon promptly, the amendment was sought at the earliest reasonable opportunity, the proposed case on cavity #3 raised a real question in the proceedings, and the defendants had not established actual prejudice or undue difficulty sufficient to outweigh the interests and dictates of justice in allowing the plaintiff to put the case. The defendants must be given an opportunity to meet the cavity #3 case, but what that required could not yet be determined.

Court Disposition

Leave to amend granted; costs of the notice of motion reserved.

Orders

  • ['Grant leave to the plaintiff to amend his pleading in accordance with the draft third amended statement of claim annexed and marked "A" to the affidavit of Kathryn Amy Emeny sworn 8 October 2018.' "Reserve the costs of the plaintiff's notice of motion filed in Court on 9 October 2018."]