Veolia Energy Technical Services Pty Ltd v Roads and Maritime Services [2020] NSWSC 328

Veolia Energy Technical Services Pty Ltd v Roads and Maritime Services [2020] NSWSC 328

Leave to amend the statement of claim is granted because the amendments are necessary to properly articulate the plaintiff's case, the delay is not substantial or prejudicial, and any potential costs and prejudice can be managed by reserving costs and making consequential orders; explanation for the delay is adequate given the emergence of evidence and the time taken to articulate alternate procedures.

Jurisdiction
Australia
Judgment Date
30 March 2020
Procedural Posture
Civil / Interlocutory: Application for Leave to Amend Statement of Claim
Outcome
Leave granted to file amended statement of claim; orders made for evidence and costs management.
Legal Topics
['amendment of Pleadings' 'indemnity Under Workers Compensation Act' 'duty of Care of Road Authority' 'public Authority Liability' 'system for Inspecting Road Reserve' 'expert Evidence' 'covid 19 Related Delay']
['civil Procedure' 'negligence'] ['amendment of Pleadings' 'indemnity Under Workers Compensation Act' 'duty of Care of Road Authority' 'public Authority Liability' 'system for Inspecting Road Reserve' 'expert Evidence' 'covid 19 Related Delay']

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Procedural Posture

Civil / Interlocutory: Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Should leave be granted to amend the statement of claim to include particulars of an alternate system of inspecting trees using internet resources by an arborist?' 'Does the amendment cause substantial delay or wasted costs, or unfair prejudice, or risk public confidence in the justice system?' 'Is there an adequate explanation for the delay in seeking amendment?']

Ratio Decidendi

Leave to amend the statement of claim is granted because the amendments are necessary to properly articulate the plaintiff's case, the delay is not substantial or prejudicial, and any potential costs and prejudice can be managed by reserving costs and making consequential orders; explanation for the delay is adequate given the emergence of evidence and the time taken to articulate alternate procedures.

Court Disposition

Leave granted to file amended statement of claim; orders made for evidence and costs management.

Orders

  • ['Leave is granted to the plaintiffs to file the amended statement of claim annexed to the notice of motion filed in this matter.' 'The defendant is to file and serve all lay and expert evidence it has been able to obtain by 30 June 2020 on that date.' 'The matter is listed for further directions on 6 July 2020.'...