28 Aug 2007
KRTOLICA V WESTPAC HC AK CIV 2006-404-3999
- Citation
- openlaw-1a6d830d_1c38_44b6_b3c4_497af46537fc.pdf
- Court
- High Court
Leave to file the amended statement of claim was granted because the proposed statutory claims and additional particulars arose from the same factual matrix as the existing shadow director cause of action, the factual inquiry at trial would be substantially the same, prejudice to the defendant was limited and outweighed by the need to resolve the issues in a single proceeding; allegations of fraud could be addressed by particulars in witness briefs or by strike-out if inadequate; timetable for filing briefs was extended to accommodate lateness.