WIN Television NSW Pty Ltd V Frank G Mclnerney and others (trading as the law firm "Maguire & Mclnerney") [2013] NSWSC 1327

WIN Television NSW Pty Ltd V Frank G Mclnerney and others (trading as the law firm "Maguire & Mclnerney") [2013] NSWSC 1327

The amendments will be allowed because prejudice to the defendants can be minimized or cured, the amendments clarify existing issues, and it would be unjust and inefficient to force the plaintiff to litigate in multiple proceedings. The delay is explained by non-disclosure, and the interests of justice favour...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 September 2013
Procedural Posture
Interlocutory Application / Application for Leave to Amend Pleadings Before Trial
Outcome
Leave to amend granted
Legal Topics
['amendment to Pleadings' 'prejudice' 'delay' 'legal Professional Negligence' 'misleading or Deceptive Conduct']
['civil Procedure'] ['amendment to Pleadings' 'prejudice' 'delay' 'legal Professional Negligence' 'misleading or Deceptive Conduct']

Source-derived case record

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Procedural Posture

Interlocutory Application / Application for Leave to Amend Pleadings Before Trial

Legal Issues

  1. 1 ['Whether to allow the plaintiff to amend the Amended Statement of Claim' 'Whether proposed amendments cause prejudice to the defendant' 'Whether delay in seeking amendment is justified']

Ratio Decidendi

The amendments will be allowed because prejudice to the defendants can be minimized or cured, the amendments clarify existing issues, and it would be unjust and inefficient to force the plaintiff to litigate in multiple proceedings. The delay is explained by non-disclosure, and the interests of justice favour allowing the amendment.

Court Disposition

Leave to amend granted

Orders

  • ['Grant leave to the plaintiff to file its Further Amended Statement of Claim in the form attached to its Motion of 29 August 2013.' 'Grant liberty to the defendants to apply during the hearing for directions to alleviate any procedural prejudice.' 'Direct the parties to confer regarding supplementary evidence and...