Signorelli v MG South Pty Ltd [2012] NSWSC 1329

Signorelli v MG South Pty Ltd [2012] NSWSC 1329

Leave to amend the second defendants' defence is granted because the proposed amendments are not hopeless and are fairly arguable. Late application, while unsatisfactorily explained, should not result in different treatment than the first defendant. Costs consequences are appropriate to address delay.

Jurisdiction
Australia
Judgment Date
02 November 2012
Procedural Posture
Damages/negligence Action / Interlocutory Application for Leave to Amend Defence
Outcome
Leave granted to second defendants to file amended defence; costs orders made as specified.
Legal Topics
['application for Leave to Amend Defence' 'proportionate Liability' 'apportionable Claims' 'concurrent Wrongdoers' 'negligence' 'delay' 'costs']
['civil Procedure' 'tort Law'] ['application for Leave to Amend Defence' 'proportionate Liability' 'apportionable Claims' 'concurrent Wrongdoers' 'negligence' 'delay' 'costs']

Case Brief

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Procedural Posture

Damages/negligence Action / Interlocutory Application for Leave to Amend Defence

Legal Issues

  1. 1 ['Whether leave should be granted to the second defendants to amend their defence to include claims of proportionate liability under Civil Liability Act 2002' 'Whether the amendments raise sufficiently arguable claims regarding concurrent wrongdoers and apportionable claims' 'Whether delay in bringing the application warrants refusal of leave' 'Appropriate costs order for late amendment']

Ratio Decidendi

Leave to amend the second defendants' defence is granted because the proposed amendments are not hopeless and are fairly arguable. Late application, while unsatisfactorily explained, should not result in different treatment than the first defendant. Costs consequences are appropriate to address delay.

Court Disposition

Leave granted to second defendants to file amended defence; costs orders made as specified.

Orders

  • ['Grant leave to the second defendants to file an amended defence in the form proposed.' "Order the second defendants to pay the costs of the plaintiff of and incidental to the second defendants' application for leave to amend the defence on an indemnity basis." "Order that the costs of the hearing for any day or...