13 Feb 1985
WOOMERA CO LTD AND ANOTHER v. PROVIDENT CENTRE DEVELOPMENT LTD
- Citation
- WOOMERA CO LTD AND ANOTHER v. PROVIDENT CENTRE DEVELOPMENT LTD
- Court
- Court of First Instance
- Case number
- HCA12647/1982
The court exercised its discretion to permit the defendant to amend the Counterclaim to revive the abandoned common law damages claim because (1) Clause 16's construction and whether it excludes common law damages was a difficult and significant point warranting fuller argument, (2) the defendant's restoration would not cause material prejudice or unavailable witnesses, and (3) leave to amend is generally granted absent material prejudice; accordingly leave to amend was granted with directions regarding service and costs.