Raskopoulos v Jensen Laundry Systems Australia Pty Limited [2015] NSWSC 427

Raskopoulos v Jensen Laundry Systems Australia Pty Limited [2015] NSWSC 427

The proposed amendments are not inconsistent with the original pleadings or existing expert evidence. There is sufficient time before hearing for the defendant to address the amendments, and no prejudice is likely, so leave to amend is granted. Any expert conclave can properly address matters raised.

Parties
Plaintiff: Rebecca Raskopoulos; First Defendant: Jensen Laundry Systems Australia Pty Limited
Jurisdiction
Australia
Judgment Date
15 April 2015
Procedural Posture
Civil / Interlocutory Application Amendment of Statement of Claim
Outcome
Leave to amend statement of claim granted; plaintiff to pay first defendant's costs; directions made for evidence and document provision.
Legal Topics
Amendment of Pleadings, Expert Evidence, Costs, Personal Injury
Practice and Procedure Amendment of Pleadings Expert Evidence Costs Personal Injury

Case Brief

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Parties

Rebecca Raskopoulos

Plaintiff

Jensen Laundry Systems Australia Pty Limited

First Defendant

Procedural Posture

Civil / Interlocutory Application Amendment of Statement of Claim

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim to include further particulars of negligence
  2. 2 Whether amendments are consistent with existing pleadings and expert evidence
  3. 3 Whether the amendments prejudice the first defendant

Ratio Decidendi

The proposed amendments are not inconsistent with the original pleadings or existing expert evidence. There is sufficient time before hearing for the defendant to address the amendments, and no prejudice is likely, so leave to amend is granted. Any expert conclave can properly address matters raised.

Court Disposition

Leave to amend statement of claim granted; plaintiff to pay first defendant's costs; directions made for evidence and document provision.

Orders

  • Leave granted to file amended statement of claim deleting particulars g and p, deleting paragraph 9, adding paragraphs h,i,j, deleting 'breach of statutory duty' in paragraphs 8 and 10.
  • Plaintiff to file and serve amended statement of claim by 4pm on 16 April 2015.