Mainteck Services Pty Limited v Stein Heurtey Australia Pty Limited [2012] NSWCA 12

Mainteck Services Pty Limited v Stein Heurtey Australia Pty Limited [2012] NSWCA 12

It is inappropriate for the Court to intervene regarding an amendment application rejected before the referee's final report, particularly when the contents of the final report were not available to the primary judge and its adoption is pending. The primary judge's reasons for refusal were weighty and consistent with justice; there is no material error demonstrated.

Jurisdiction
Australia
Judgment Date
16 February 2012
Procedural Posture
Application for Leave to Appeal / Application Refused
Outcome
Leave to appeal refused
Legal Topics
['leave to Appeal' 'amendment of Pleadings' 'referee Reports']
['civil Procedure'] ['leave to Appeal' 'amendment of Pleadings' 'referee Reports']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application Refused

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from refusal to allow amendment of pleadings' "Appropriateness of amendment in light of referee's interim and final reports"]

Ratio Decidendi

It is inappropriate for the Court to intervene regarding an amendment application rejected before the referee's final report, particularly when the contents of the final report were not available to the primary judge and its adoption is pending. The primary judge's reasons for refusal were weighty and consistent with justice; there is no material error demonstrated.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused' "Applicant to pay the respondent's costs of the application"]