Wily v Rothschild [1999] NSWSC 920

Wily v Rothschild [1999] NSWSC 920

Leave to amend the statement of claim is granted because the facts underlying the claims are substantially the same, the main difference being timing, and there is no prejudice to the defendant beyond the risk of amendment. The application falls within the Rules permitting amendment, especially as limitation period would otherwise bar the claim.

Jurisdiction
Australia
Judgment Date
10 September 1999
Procedural Posture
Application to Amend Statement of Claim / Post Hearing; Decision on Amendment
Outcome
Amendment allowed
Legal Topics
['amendment of Pleadings' "liquidator's Claim Against Void Transactions" 'limitation Period']
['equity' 'practice and Procedure'] ['amendment of Pleadings' "liquidator's Claim Against Void Transactions" 'limitation Period']

Case Brief

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Procedural Posture

Application to Amend Statement of Claim / Post Hearing; Decision on Amendment

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim after hearing concluded' 'Whether amendment is allowed when limitation period has expired']

Ratio Decidendi

Leave to amend the statement of claim is granted because the facts underlying the claims are substantially the same, the main difference being timing, and there is no prejudice to the defendant beyond the risk of amendment. The application falls within the Rules permitting amendment, especially as limitation period would otherwise bar the claim.

Court Disposition

Amendment allowed

Orders

  • ['Leave granted to plaintiffs to amend statement of claim by filing document in the form of Exhibit Y.' 'Exhibit Y deemed filed and stands as amended statement of claim.' 'Exhibit Z deemed filed and stands as defence to amended statement of claim.' "Plaintiffs to pay defendant's costs of the notice of motion."]