Lowe v Lang [1999] NSWSC 797

Lowe v Lang [1999] NSWSC 797

The amendment was allowed because, although sought late and significantly changing the form of contract alleged, it brought the pleading into accordance with evidence already filed and the defendants could not identify any incurable prejudice. Further particulars were ordered because the defendants were entitled to particulars of the instructions and representations alleged rather than being referred generally to the evidence.

Jurisdiction
Australia
Judgment Date
27 July 1999
Procedural Posture
Application to Amend Statement of Claim in Supreme Court Equity Division Proceedings / During Trial
Outcome
Application to amend statement of claim granted; further particulars ordered; costs reserved.
Legal Topics
['amendment of Pleadings' 'late Application to Amend' 'prejudice' 'particulars']
['civil Procedure'] ['amendment of Pleadings' 'late Application to Amend' 'prejudice' 'particulars']

Case Brief

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Procedural Posture

Application to Amend Statement of Claim in Supreme Court Equity Division Proceedings / During Trial

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave during the trial to further amend the amended statement of claim.' 'Whether the defendants were entitled to further particulars of allegations concerning a partnership and/or joint venture.']

Ratio Decidendi

The amendment was allowed because, although sought late and significantly changing the form of contract alleged, it brought the pleading into accordance with evidence already filed and the defendants could not identify any incurable prejudice. Further particulars were ordered because the defendants were entitled to particulars of the instructions and representations alleged rather than being referred generally to the evidence.

Court Disposition

Application to amend statement of claim granted; further particulars ordered; costs reserved.

Orders

  • ['Leave granted to the plaintiff to file in Court the further amended statement of claim.' 'If the defendants suffer prejudice by reason of the change of course, directions may be made by way of adjournment or otherwise, and the defendants are reserved leave to apply in that regard.' 'The plaintiff is directed to...