Ehsman v Nutectime [2009] NSWSC 909

Ehsman v Nutectime [2009] NSWSC 909

Leave to amend pleadings to raise fraud at the commencement of trial was refused due to unexplained delay in raising the issue, the potential for prejudice and adjournment, and the requirements of effective case management per recent High Court authority.

Jurisdiction
Australia
Judgment Date
28 August 2009
Procedural Posture
Procedural and Other Rulings / Application to Amend Pleadings at Commencement of Trial
Outcome
Application refused with liberty to reapply if defendants did not need an adjournment.
Legal Topics
['amendment of Pleadings' 'case Management' 'adjournment' 'fraud Allegation']
['procedure'] ['amendment of Pleadings' 'case Management' 'adjournment' 'fraud Allegation']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Application to Amend Pleadings at Commencement of Trial

Legal Issues

  1. 1 ['Whether leave should be granted to amend pleadings to raise allegations of fraud at the commencement of a trial' 'Whether delay in raising fraud allegations is excusable' 'Whether allowance of amendments may cause a need for adjournment']

Ratio Decidendi

Leave to amend pleadings to raise fraud at the commencement of trial was refused due to unexplained delay in raising the issue, the potential for prejudice and adjournment, and the requirements of effective case management per recent High Court authority.

Court Disposition

Application refused with liberty to reapply if defendants did not need an adjournment.

Orders

  • ['Amendments to paragraphs 70A and 73A to 73E of the statement of claim disallowed, with liberty to reapply during the trial if defendants can address the matter on existing evidence.' 'Other amendments to the statement of claim allowed.' 'Amendments to the defence to first cross-claim disallowed, with liberty to...