Toohey v Richard Crookes Constructions Pty Limited [2023] NSWSC 805

Toohey v Richard Crookes Constructions Pty Limited [2023] NSWSC 805

The proposed further amended statement of claim is not materially different from the pre-filing statement, and no prejudice is demonstrated by the defendants. Leave is granted for the plaintiff to file and serve the amended statement of claim. The Hall report, obtained after pre-filing and not available to the plaintiff, may be relied upon with leave. Costs are to be paid by the second defendant.

Jurisdiction
Australia
Judgment Date
11 July 2023
Procedural Posture
Civil / Procedural Motion for Leave to Amend Statement of Claim and Rely on Expert Report
Outcome
Plaintiff's motion granted
Legal Topics
['amendment of Pleadings' 'leave to Rely on Expert Report' 'material Difference in Pleadings' 'pre Filing Requirements' 'negligence' 'costs']
['personal Injury' 'civil Procedure' 'workers Compensation'] ['amendment of Pleadings' 'leave to Rely on Expert Report' 'material Difference in Pleadings' 'pre Filing Requirements' 'negligence' 'costs']

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Procedural Posture

Civil / Procedural Motion for Leave to Amend Statement of Claim and Rely on Expert Report

Legal Issues

  1. 1 ['Whether the proposed amended statement of claim is materially different from the pre-filing statement' 'Whether leave should be granted to rely on the Deborah Hall expert report after pre-filing' 'Whether the second defendant is prejudiced by the amendments']

Ratio Decidendi

The proposed further amended statement of claim is not materially different from the pre-filing statement, and no prejudice is demonstrated by the defendants. Leave is granted for the plaintiff to file and serve the amended statement of claim. The Hall report, obtained after pre-filing and not available to the plaintiff, may be relied upon with leave. Costs are to be paid by the second defendant.

Court Disposition

Plaintiff's motion granted

Orders

  • ['Leave to file and serve the proposed further amended statement of claim within 14 days.' 'Leave to rely on the report of Deborah Hall dated 15 September 2021 pursuant to s 318(2) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW).' "Second defendant to pay the plaintiff's costs."]