Marsh Pty Ltd v Vickery (No 2) [2014] FCA 1100

Marsh Pty Ltd v Vickery (No 2) [2014] FCA 1100

The relevant factors, including the absence of proven prejudice to the respondent, the nature and importance of the amendment, and the applicant's explanation, favour a grant of leave to amend the statement of claim to include the five additional lost clients.

Parties
Applicant: Marsh Pty Ltd; Respondent: Noel Vickery
Jurisdiction
Australia
Judgment Date
13 October 2014
Procedural Posture
Interlocutory Application / Application for Leave to Amend Pleadings Prior to Trial
Outcome
Leave to amend granted
Legal Topics
Amendment of Pleadings, Delay, Prejudice, Cross Examination on Interlocutory Applications
Practice and Procedure Amendment of Pleadings Delay Prejudice Cross Examination on Interlocutory Applications

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Parties

Marsh Pty Ltd

Applicant

Noel Vickery

Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Amend Pleadings Prior to Trial

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim to add additional allegedly lost clients
  2. 2 Whether the explanation for the delay in seeking amendment is adequate
  3. 3 Whether the respondent will suffer prejudice if the amendment is allowed

Ratio Decidendi

The relevant factors, including the absence of proven prejudice to the respondent, the nature and importance of the amendment, and the applicant's explanation, favour a grant of leave to amend the statement of claim to include the five additional lost clients.

Court Disposition

Leave to amend granted

Orders

  • The applicant has leave to amend paragraph 43.1 of its Second Further Amended Statement of Claim in terms of the proposed Third Amended Statement of Claim, being exhibit JS-29 to the affidavit of Julia Elizabeth Sutherland sworn on 10 September 2014.