ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 2) [2014] FCA 326

ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 2) [2014] FCA 326

The applicant's proposed amendments are arguable and were made promptly following recent document disclosure. Although the amendments may require further preparation by the respondents and concern events from 2005 or 2006, at this stage no demonstrated prejudice justifies refusing leave to amend. Any prejudice arising can be addressed through further procedural steps if needed.

Jurisdiction
Australia
Judgment Date
01 April 2014
Procedural Posture
Application to Amend Statement of Claim / Interlocutory Application, Determination at Commencement of Trial
Outcome
Leave to amend statement of claim granted. Costs reserved.
Legal Topics
['amendment of Pleadings' 'application for Leave to Amend' 'prejudice From Amendments']
['practice and Procedure'] ['amendment of Pleadings' 'application for Leave to Amend' 'prejudice From Amendments']

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Procedural Posture

Application to Amend Statement of Claim / Interlocutory Application, Determination at Commencement of Trial

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim' 'Whether the respondents would be prejudiced by the proposed amendments']

Ratio Decidendi

The applicant's proposed amendments are arguable and were made promptly following recent document disclosure. Although the amendments may require further preparation by the respondents and concern events from 2005 or 2006, at this stage no demonstrated prejudice justifies refusing leave to amend. Any prejudice arising can be addressed through further procedural steps if needed.

Court Disposition

Leave to amend statement of claim granted. Costs reserved.

Orders

  • ['Leave is granted to the applicant to amend its statement of claim in accordance with the form annexed to its interlocutory application filed on 31 March 2014.' 'Costs be reserved.' 'Respondents to file a defence to the amended statement of claim by 5 pm on 8 April 2014.']