Morgan v Owners of Strata Plan 13937 & anor [2005] NSWSC 1305

Morgan v Owners of Strata Plan 13937 & anor [2005] NSWSC 1305

Leave to amend was refused because the existing pleaded matters did not already particularise the alleged use of inappropriate cleaning products, and the material before the Court did not show or tend to show that inappropriate cleaning materials, including materials identified in the Australian Standard as unsafe or inappropriate, had been used on the landing or tiles; correspondence showing dissatisfaction with cleaning services did not provide a triable case on the proposed particular.

Jurisdiction
Australia
Judgment Date
23 November 2005
Procedural Posture
Civil Proceeding / Application for Leave to Further Amend the Amended Statement of Claim Towards the End of the Plaintiff's Case
Outcome
Application for leave to further amend the amended Statement of Claim refused.
Legal Topics
['amendment of Pleadings' 'particulars of Negligence' 'leave to Amend During Trial' 'triable Case']
['civil Procedure'] ['amendment of Pleadings' 'particulars of Negligence' 'leave to Amend During Trial' 'triable Case']

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Procedural Posture

Civil Proceeding / Application for Leave to Further Amend the Amended Statement of Claim Towards the End of the Plaintiff's Case

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to further amend the amended Statement of Claim by adding a particular alleging use of inappropriate cleaning products identified as unsafe or inappropriate in the relevant Australian Standard.' 'Whether there was evidence capable of showing a triable case on the proposed additional particular.']

Ratio Decidendi

Leave to amend was refused because the existing pleaded matters did not already particularise the alleged use of inappropriate cleaning products, and the material before the Court did not show or tend to show that inappropriate cleaning materials, including materials identified in the Australian Standard as unsafe or inappropriate, had been used on the landing or tiles; correspondence showing dissatisfaction with cleaning services did not provide a triable case on the proposed particular.

Court Disposition

Application for leave to further amend the amended Statement of Claim refused.

Orders

  • ['The application for leave to add the proposed particular is refused.']