Wheatfield Services Pty Ltd v Danias Holdings Pty Ltd [2020] NSWSC 1029

Wheatfield Services Pty Ltd v Danias Holdings Pty Ltd [2020] NSWSC 1029

The overriding purpose and the dictates of justice in the particular circumstances of this matter favour the grant of leave to amend; the amendments arise from facts not previously known to the plaintiff but known to the defendants, and there is no uncurable prejudice to the defendants as any prejudice can be cured by a costs order. The substantive merits of the new claims should be determined at a contested hearing, not on an amendment application. An adjournment is warranted to ensure both parties can properly respond to the amendments.

Jurisdiction
Australia
Judgment Date
05 August 2020
Procedural Posture
Application for Leave to Amend Statement of Claim and Adjournment / Interlocutory, Procedural Ruling on Leave to Amend Pleadings
Outcome
Leave to amend the statement of claim granted; hearing adjourned; costs of adjournment and amendment to be paid by the plaintiff; directions made.
Legal Topics
['leave to Amend Pleadings' 'adjournment' 'overriding Purpose' 'costs Orders']
['practice and Procedure' 'equity'] ['leave to Amend Pleadings' 'adjournment' 'overriding Purpose' 'costs Orders']

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Procedural Posture

Application for Leave to Amend Statement of Claim and Adjournment / Interlocutory, Procedural Ruling on Leave to Amend Pleadings

Legal Issues

  1. 1 ['Whether leave to amend the statement of claim should be granted' 'Whether the hearing should be adjourned as a consequence of the amendments']

Ratio Decidendi

The overriding purpose and the dictates of justice in the particular circumstances of this matter favour the grant of leave to amend; the amendments arise from facts not previously known to the plaintiff but known to the defendants, and there is no uncurable prejudice to the defendants as any prejudice can be cured by a costs order. The substantive merits of the new claims should be determined at a contested hearing, not on an amendment application. An adjournment is warranted to ensure both parties can properly respond to the amendments.

Court Disposition

Leave to amend the statement of claim granted; hearing adjourned; costs of adjournment and amendment to be paid by the plaintiff; directions made.

Orders

  • ["Leave granted to the plaintiff to amend the Statement of Claim by filing and serving the Amended Statement of Claim in the form of Annexure 'A' to the Notice of Motion filed on 3 August 2020." 'Plaintiff to file and serve the amended Statement of Claim by 12pm on 6 August 2020.' 'Vacate the hearing of the...