Signorelli v. MG South Pty Ltd [2012] NSWSC 1418

Signorelli v. MG South Pty Ltd [2012] NSWSC 1418

The amendment sought by the first defendant is sufficiently arguable and important to justify the exercise of the Court's discretion to grant leave, despite the delay in making the application and likely prejudice to the plaintiff, which can be addressed through costs orders and liberty to apply for wasted costs.

Jurisdiction
Australia
Judgment Date
12 October 2012
Procedural Posture
Interlocutory Application / Application for Leave to Amend Defence
Outcome
Leave granted to amend defence; costs order in favour of plaintiff; liberty to apply for wasted costs; proceedings stood over for directions.
Legal Topics
['application to Amend Defence' 'proportionate Liability' 'professional Negligence']
['civil Procedure'] ['application to Amend Defence' 'proportionate Liability' 'professional Negligence']

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Procedural Posture

Interlocutory Application / Application for Leave to Amend Defence

Legal Issues

  1. 1 ['Whether leave should be granted to the first defendant to amend its defence to raise an apportionable claim under Part 4 Civil Liability Act 2002 (NSW)' 'Whether the amendment is sufficiently arguable to justify leave' 'Consideration of prejudice to the plaintiff arising from late amendment']

Ratio Decidendi

The amendment sought by the first defendant is sufficiently arguable and important to justify the exercise of the Court's discretion to grant leave, despite the delay in making the application and likely prejudice to the plaintiff, which can be addressed through costs orders and liberty to apply for wasted costs.

Court Disposition

Leave granted to amend defence; costs order in favour of plaintiff; liberty to apply for wasted costs; proceedings stood over for directions.

Orders

  • ['The first defendant have leave to amend its defence in accordance with the amended defence filed on 24 August 2012 nunc pro tunc.' "The first defendant pay the plaintiff's costs of this application on the ordinary basis." 'The plaintiff to have liberty to apply in respect of costs already incurred wasted by the...