4 Oct 1984
GOBIND MOHAN AND ANOTHER v. BRIAN SHANE MCELNEY AND OTHERS
- Citation
- GOBIND MOHAN AND ANOTHER v. BRIAN SHANE MCELNEY AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA4611/1978
The proposed delivery of voluntary particulars and amendment introduced new facts specific to the bank so constituted a new cause of action; accordingly leave to amend was refused. In any event, even if discretionary, the amendment was refused for lateness, for being a new case sprung at trial, and for lacking any pleaded confidentiality or real prospect of success on undue influence/fiduciary grounds, with the appropriate limitation period being six years rather than twelve.