Benecke v Wall [2016] NSWDC 118

Benecke v Wall [2016] NSWDC 118

Leave to amend the statement of claim to add a cause of action for false imprisonment was refused because the claim was weak, would only lengthen the trial for very little in damages, was raised late, and the plaintiff was in breach of procedural obligations. Leave to claim aggravated and exemplary damages was granted as the defendant did not object.

Jurisdiction
Australia
Judgment Date
29 April 2016
Procedural Posture
Civil / Ruling on Notice of Motion to Amend Statement of Claim
Outcome
Leave to amend statement of claim to add false imprisonment refused; leave to amend to claim aggravated and exemplary damages granted; plaintiff to supply outstanding material; defendant's costs in the cause.
Legal Topics
['amendment of Pleadings' 'false Imprisonment' 'assault and Battery' 'aggravated Damages' 'exemplary Damages']
['civil Procedure'] ['amendment of Pleadings' 'false Imprisonment' 'assault and Battery' 'aggravated Damages' 'exemplary Damages']

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Procedural Posture

Civil / Ruling on Notice of Motion to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to amend the statement of claim to add a cause of action for false imprisonment' 'Whether the plaintiff should be granted leave to amend the relief sought to claim aggravated and exemplary damages']

Ratio Decidendi

Leave to amend the statement of claim to add a cause of action for false imprisonment was refused because the claim was weak, would only lengthen the trial for very little in damages, was raised late, and the plaintiff was in breach of procedural obligations. Leave to claim aggravated and exemplary damages was granted as the defendant did not object.

Court Disposition

Leave to amend statement of claim to add false imprisonment refused; leave to amend to claim aggravated and exemplary damages granted; plaintiff to supply outstanding material; defendant's costs in the cause.

Orders

  • ['Leave to the plaintiff to amend the statement of claim by adding the proposed pars 16, 17, 18 and 19 of the proposed amended statement of claim refused.' 'Leave to the plaintiff to amend the relief sought to include claims for aggravated and exemplary damages granted.' "Plaintiff to supply to the defendant within...