QBE Insurance (Australia) Ltd v Gjakovski [2019] NSWDC 200

QBE Insurance (Australia) Ltd v Gjakovski [2019] NSWDC 200

The application to amend the defence was refused because of significant unexplained delay, lack of reasonable excuse, the defendant's prior knowledge of the new matters, inadequate explanation for the late instructions to counsel, and the need for effective case management as required by the Civil Procedure Act 2005 (NSW).

Parties
Plaintiff: QBE Insurance (Australia) Ltd; Defendant: Slave Gjakovski
Jurisdiction
Australia
Judgment Date
07 May 2019
Procedural Posture
Civil / Interlocutory Application for Leave to Amend Defence
Outcome
Application to amend defence refused; defendant to pay plaintiff's costs of the application.
Legal Topics
Application to Amend Defence, Delay in Making Application, Home Building Insurance Claims
Civil Procedure Application to Amend Defence Delay in Making Application Home Building Insurance Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

QBE Insurance (Australia) Ltd

Plaintiff

Slave Gjakovski

Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to Amend Defence

Legal Issues

  1. 1 Whether leave should be granted to the defendant to amend the defence to raise limitation and deed defences
  2. 2 Assessment of delay and adequacy of explanation for delay in applying to amend defence
  3. 3 Potential prejudice to parties and case management

Ratio Decidendi

The application to amend the defence was refused because of significant unexplained delay, lack of reasonable excuse, the defendant's prior knowledge of the new matters, inadequate explanation for the late instructions to counsel, and the need for effective case management as required by the Civil Procedure Act 2005 (NSW).

Court Disposition

Application to amend defence refused; defendant to pay plaintiff's costs of the application.

Orders

  • The application to amend the defence is refused.
  • The defendant to pay the plaintiff's costs of the application.