Flowers v State of NSW [2020] NSWSC 1390

Flowers v State of NSW [2020] NSWSC 1390

Leave to amend refused because the proposed further amended statement of claim was embarrassing, largely unintelligible, and failed to set out the case to be met with sufficient clarity; amendments were untimely with no explanation for delay and would frustrate the overriding purpose of just, quick, and cheap...

Source-derived case information.

Parties
Plaintiff: Mark Stephen Flowers; Defendant: State of NSW
Jurisdiction
Australia
Judgment Date
14 October 2020
Procedural Posture
Notice of Motion / Interlocutory Application—application for Leave to Further Amend Statement of Claim
Outcome
Application dismissed.
Legal Topics
Amendment of Pleadings, Malicious Prosecution, Abuse of Process
Civil Procedure Amendment of Pleadings Malicious Prosecution Abuse of Process

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Parties

Mark Stephen Flowers

Plaintiff

State of NSW

Defendant

Procedural Posture

Notice of Motion / Interlocutory Application—application for Leave to Further Amend Statement of Claim

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim further in light of history of the proceedings, content of amendments, and absence of explanation for delay

Ratio Decidendi

Leave to amend refused because the proposed further amended statement of claim was embarrassing, largely unintelligible, and failed to set out the case to be met with sufficient clarity; amendments were untimely with no explanation for delay and would frustrate the overriding purpose of just, quick, and cheap resolution of the real issues.

Court Disposition

Application dismissed.

Orders

  • The notice of motion filed by the plaintiff on 11 September 2020 is dismissed.
  • The question of costs is reserved.