Bertran v Vanstone

In the case of Bertran v Vanstone, the applicant sought leave to amend his application in three separate proceedings. The applicant aimed to amend his applications in accordance with schedules annexed to notices of motion dated 5 October 1999 and revised on 13 October 1999. The applicant also sought a determination of certain questions separately from any other question before any trial in the proceedings.

The legal issues before the court involved whether the applicant should be granted leave to amend his applications and whether the questions should be determined separately from any other questions before trial. The court needed to balance the interests of justice with the need for procedural fairness and the efficient use of court resources.

The court determined that the applicant should be granted leave to amend his applications in each proceeding, as outlined in the respective schedules annexed to the notices of motion. However, the court dismissed the application for the determination of questions separately from any other question before any trial. The court considered that the issues could be addressed more efficiently and justly during the trial. The costs of the notices of motion were reserved up to and including the date of the decision.

The final orders of the court were to grant the applicant leave to amend his applications in accordance with the specified schedules in each proceeding, to dismiss the application for the determination of questions separately from any other question before any trial, and to reserve the costs of the notices of motion up to the date of the decision.