Bass v McDonald & TCN Channel Nine Pty Ltd (No.9) [2001] NSWSC 1038

Bass v McDonald & TCN Channel Nine Pty Ltd (No.9) [2001] NSWSC 1038

The application to amend particulars to include a claim for exemplary damages was refused due to the lateness of the application, resulting prejudice to the defendant, potential further delay to the proceedings, and absence of satisfactory explanation for the lateness.

Parties
Plaintiff: Robin Bass; Defendant: Thomas McDonald; Second Defendant: TCN Channel Nine Pty Ltd
Jurisdiction
Australia
Judgment Date
21 November 2001
Procedural Posture
Defamation / Application to Amend Particulars of Damage to Include Exemplary Damages
Outcome
Application to amend refused
Legal Topics
Exemplary Damages, Amendment of Pleadings, Jury Trial Procedure
Defamation Exemplary Damages Amendment of Pleadings Jury Trial Procedure

Case Brief

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Parties

Robin Bass

Plaintiff

Thomas McDonald

Defendant

TCN Channel Nine Pty Ltd

Second Defendant

Procedural Posture

Defamation / Application to Amend Particulars of Damage to Include Exemplary Damages

Legal Issues

  1. 1 Whether leave should be granted to amend particulars of damages to include a claim for exemplary damages at a late stage in the trial

Ratio Decidendi

The application to amend particulars to include a claim for exemplary damages was refused due to the lateness of the application, resulting prejudice to the defendant, potential further delay to the proceedings, and absence of satisfactory explanation for the lateness.

Court Disposition

Application to amend refused

Orders

  • Application to amend particulars of damage to include a claim for exemplary damages refused