Lobendhan, Philemon Alban & Ors v West Perth Investments Pty Ltd & Ors West Perth Investments Pty Ltd & Ors v Lobendhan, Philemon Alban & Ors v [1998] FCA 1176

Lobendhan, Philemon Alban & Ors v West Perth Investments Pty Ltd & Ors West Perth Investments Pty Ltd & Ors v Lobendhan, Philemon Alban & Ors v [1998] FCA 1176

Leave to amend the statement of claim is granted because any prejudice to the respondents can be addressed through allowing time and the right to plead defences, and costs thrown away will be borne by the applicants.

Jurisdiction
Australia
Judgment Date
16 September 1998
Procedural Posture
Civil / Interlocutory Ruling During Trial
Outcome
leave to amend granted, costs order against applicants
Legal Topics
['pleadings Amendment' 'disclosure' 'costs']
['civil Procedure'] ['pleadings Amendment' 'disclosure' 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory Ruling During Trial

Legal Issues

  1. 1 ['Should the applicants be granted leave to further amend their statement of claim during trial?' 'Does the lateness of emerging allegations cause irremediable prejudice to the respondents?' 'Should costs thrown away by the amendments be paid by the applicants?']

Ratio Decidendi

Leave to amend the statement of claim is granted because any prejudice to the respondents can be addressed through allowing time and the right to plead defences, and costs thrown away will be borne by the applicants.

Court Disposition

leave to amend granted, costs order against applicants

Orders

  • ['Applicants granted leave to amend statement of claim as sought' 'Respondents to file amended defence by commencement of proceedings tomorrow' 'Costs thrown away by the amendment to be paid by applicants']