Radin v Commonwealth Bank of Australia [1999] FCA 419

The amendment sought relates to facts and court orders postdating the commencement of the proceeding, which cannot be introduced through amendment as the court lacks power to permit it.

Jurisdiction: Australia
Judgment Date: 30 March 1999
Procedural Posture: Application for Leave to Amend Statement of Claim / Ruling on Amendment Application
Outcome: Leave to amend statement of claim is refused.
Legal Topics: ['amendment of Pleadings' 'leave to Amend' 'contractual Obligations' 'enforcement of Court Orders']

['civil Procedure' 'contract Law'] ['amendment of Pleadings' 'leave to Amend' 'contractual Obligations' 'enforcement of Court Orders']

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Procedural Posture

Application for Leave to Amend Statement of Claim / Ruling on Amendment Application

Legal Issues

1 ['Whether leave should be granted to amend the statement of claim to plead causes of action arising after commencement of proceedings' 'Whether the proposed amendment discloses a reasonable cause of action' 'Whether discretionary grounds justify refusal of amendment']

Ratio Decidendi

The amendment sought relates to facts and court orders postdating the commencement of the proceeding, which cannot be introduced through amendment as the court lacks power to permit it.

Court Disposition

Leave to amend statement of claim is refused.

Orders

['Amendment not allowed.' 'Mr Radin given liberty to replead (conditional).']