Whitting v Poeche & Anor [2001] NSWSC 653

Whitting v Poeche & Anor [2001] NSWSC 653

Leave to file the amended defence should be granted as justice is best served thereby, considering that the relevant facts have long been known to the parties. The plaintiff's application for interrogatories is refused as it is not reasonably necessary for disposing of the matter, particularly considering the time elapsed and the practical difficulties imposed by the circumstances.

Jurisdiction
Australia
Judgment Date
03 August 2001
Procedural Posture
Civil / Interlocutory (motions About Amendment and Interrogatories)
Outcome
Second defendant granted leave to file and serve an amended defence; plaintiff's application for interrogatories refused; second defendant to pay costs thrown away by the amendment.
Legal Topics
['negligence' 'case Management' 'amendment of Pleadings' 'interrogatories' 'contributory Negligence']
['tort Law' 'personal Injury' 'civil Procedure'] ['negligence' 'case Management' 'amendment of Pleadings' 'interrogatories' 'contributory Negligence']

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Procedural Posture

Civil / Interlocutory (motions About Amendment and Interrogatories)

Legal Issues

  1. 1 ['Whether the second defendant should be granted leave to amend its defence.' 'Whether the plaintiff should be permitted to administer interrogatories to the second defendant.']

Ratio Decidendi

Leave to file the amended defence should be granted as justice is best served thereby, considering that the relevant facts have long been known to the parties. The plaintiff's application for interrogatories is refused as it is not reasonably necessary for disposing of the matter, particularly considering the time elapsed and the practical difficulties imposed by the circumstances.

Court Disposition

Second defendant granted leave to file and serve an amended defence; plaintiff's application for interrogatories refused; second defendant to pay costs thrown away by the amendment.

Orders

  • ['The second defendant has leave to file and serve the amended defence within 48 hours.' "The plaintiff's application to administer interrogatories to the second defendant is refused." 'The second defendant is to pay the costs thrown away by the amendment, otherwise costs are costs in the cause.']