Taboas v Abigroup Contractors Pty Ltd [2013] NSWSC 1230

Taboas v Abigroup Contractors Pty Ltd [2013] NSWSC 1230

Leave to file the Amended Defence is granted because the failure to plead the limitation defence was inadvertent, no actual prejudice was proved by the plaintiff, and the amendment promotes the interests of justice by enabling determination of all substantive issues.

Jurisdiction
Australia
Judgment Date
05 September 2013
Procedural Posture
Notice of Motion / Interlocutory Decision on Application for Leave to File Amended Defence
Outcome
Leave granted to file Amended Defence, costs order made
Legal Topics
['amendment of Pleadings' 'limitation Defences' 'notice of Motion' 'joinder of Parties' 'costs']
['civil Procedure'] ['amendment of Pleadings' 'limitation Defences' 'notice of Motion' 'joinder of Parties' 'costs']

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Procedural Posture

Notice of Motion / Interlocutory Decision on Application for Leave to File Amended Defence

Legal Issues

  1. 1 ['Whether leave should be granted to file an Amended Defence to raise a limitation defence' 'Whether the amendment would prejudice the plaintiff' 'Whether the amendment is consistent with the overriding purpose of the Civil Procedure Act']

Ratio Decidendi

Leave to file the Amended Defence is granted because the failure to plead the limitation defence was inadvertent, no actual prejudice was proved by the plaintiff, and the amendment promotes the interests of justice by enabling determination of all substantive issues.

Court Disposition

Leave granted to file Amended Defence, costs order made

Orders

  • ['Grant leave to the defendant to file an Amended Defence in the form annexed to the affidavit of Claire Tingey of 22/8/13, provided it is filed and served no later than 4pm 30/8/13.' 'Order the defendant to pay the costs of and occasioned by any amendment.' 'Reserve all other questions of costs to the trial Judge.']