NT Power Generation Pty Ltd v Power & Water Authority [1999] FCA 1184

NT Power Generation Pty Ltd v Power & Water Authority [1999] FCA 1184

Leave to amend is granted to the respondents to file the amended defence in the terms proposed except for amendments to pars 21, 26(b), 26(c) and 27(c), which are not allowed; leave is given to add a new par 27(f); this ensures issues are determined on their substance and real prejudice is avoided.

Jurisdiction
Australia
Judgment Date
27 August 1999
Procedural Posture
Application to Amend Defence in Ongoing Proceedings / Interlocutory Application; Reasons for Decision on Amendment of Pleadings
Outcome
Leave to amend defence granted in part, with specified exceptions.
Legal Topics
['pleadings' 'amendment of Defence' 'withdrawal of Admissions' 'justice in Interlocutory Applications']
['civil Procedure'] ['pleadings' 'amendment of Defence' 'withdrawal of Admissions' 'justice in Interlocutory Applications']

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Procedural Posture

Application to Amend Defence in Ongoing Proceedings / Interlocutory Application; Reasons for Decision on Amendment of Pleadings

Legal Issues

  1. 1 ['Whether leave should be granted to respondents to amend their defence, including withdrawal of certain admissions in the pleadings']

Ratio Decidendi

Leave to amend is granted to the respondents to file the amended defence in the terms proposed except for amendments to pars 21, 26(b), 26(c) and 27(c), which are not allowed; leave is given to add a new par 27(f); this ensures issues are determined on their substance and real prejudice is avoided.

Court Disposition

Leave to amend defence granted in part, with specified exceptions.

Orders

  • ['Leave granted to respondents to file amended defence except for proposed amendments in pars 21, 26(b), 26(c), and 27(c) which are not allowed.' 'Leave given to add a new par 27(f) to the defence as specified.']