Westpac Banking Corporation v Wild [2011] NSWSC 760
Leave to amend the defence is refused because no application was made to withdraw admissions, no evidence substantiated mental incapacity, the application was made at a very late stage without explanation, and the proposed amendments would prejudice the plaintiff and other litigants.
- Parties
- Plaintiff: Westpac Banking Corporation; Defendant: Brett Alan Wild
- Jurisdiction
- Australia
- Judgment Date
- 04 July 2011
- Procedural Posture
- Civil / Interlocutory Application for Leave to Amend Defence
- Outcome
- Leave to amend the defence refused. Defendant to pay plaintiff's costs of the application.
- Legal Topics
- Amendments to Pleadings, Withdrawal of Admissions, Mental Incapacity as Defence, Consumer Credit Code
Case Brief
Summary, issues, holding and outcome
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Parties
Westpac Banking Corporation
Plaintiff
Brett Alan Wild
Defendant
Procedural Posture
Civil / Interlocutory Application for Leave to Amend Defence
Legal Issues
- 1 Whether leave should be granted to amend the defence to deny indebtedness and raise mental illness as a defence
- 2 Whether admissions in the defence may be withdrawn
Ratio Decidendi
Leave to amend the defence is refused because no application was made to withdraw admissions, no evidence substantiated mental incapacity, the application was made at a very late stage without explanation, and the proposed amendments would prejudice the plaintiff and other litigants.
Court Disposition
Leave to amend the defence refused. Defendant to pay plaintiff's costs of the application.
Orders
- Leave to amend the defence is refused.
- The defendant is to pay the plaintiff's costs of the application.
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