Chaker, Patricia v Tompsett, Elizabeth [2011] NSWSC 135

Chaker, Patricia v Tompsett, Elizabeth [2011] NSWSC 135

Leave to amend refused because the amendments raised a new, discrete issue not previously pleaded or litigated, with no adequate explanation for the late application, and allowing it would cause delay, increased costs disproportionate to the potential recovery, and would be contrary to the overriding purpose and objects of the Civil Procedure Act 2005 (NSW). Parties should be bound by the conduct of the matter to date, especially after a completed trial and appeal.

Parties
Plaintiff: Patricia Chaker; Defendant: Elizabeth Tompsett
Jurisdiction
Australia
Judgment Date
02 March 2011
Procedural Posture
Interlocutory Application / Application to Amend Statement of Claim During Case Management for Rehearing of Liability
Outcome
Plaintiff's application to file Further Amended Statement of Claim refused; plaintiff to pay defendant's costs.
Legal Topics
Pleadings, Amendment of Statements of Claim, Case Management, Costs
Civil Procedure Pleadings Amendment of Statements of Claim Case Management Costs

Case Brief

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Parties

Patricia Chaker

Plaintiff

Elizabeth Tompsett

Defendant

Procedural Posture

Interlocutory Application / Application to Amend Statement of Claim During Case Management for Rehearing of Liability

Legal Issues

  1. 1 Whether leave should be granted to file a Further Amended Statement of Claim introducing new issues not previously raised or litigated
  2. 2 Application of Civil Procedure Act 2005 (NSW), especially ss 56, 57, 58, 60, and 64 in determining whether amendments should be allowed

Ratio Decidendi

Leave to amend refused because the amendments raised a new, discrete issue not previously pleaded or litigated, with no adequate explanation for the late application, and allowing it would cause delay, increased costs disproportionate to the potential recovery, and would be contrary to the overriding purpose and objects of the Civil Procedure Act 2005 (NSW). Parties should be bound by the conduct of the matter to date, especially after a completed trial and appeal.

Court Disposition

Plaintiff's application to file Further Amended Statement of Claim refused; plaintiff to pay defendant's costs.

Orders

  • The plaintiff's application to file a Further Amended Statement of Claim which includes paragraphs 11, 18, 19, 24(b) and 24(c) of the draft Further Amended Statement of Claim is refused.
  • The plaintiff is to pay the defendant's costs of the application.