Boase v Seven Network (Operations) Ltd

In the case of Boase v Seven Network (Operations) Ltd, the plaintiff sought to amend their statement of claim to include a claim for non-pecuniary loss in addition to the existing claim for unlawful interference with their contract of employment. The defendants objected to the proposed amendment, arguing that the new claim was not adequately pleaded and was likely to be struck out. The court had to determine whether the plaintiff should be granted leave to amend their pleading to include the new claim.

The central legal issue was whether the plaintiff should be permitted to amend their pleading to include a claim for non-pecuniary loss in an action for unlawful interference with a contract of employment. The defendants argued that the proposed amendment would result in a pleading that was liable to be struck out, and thus should not be allowed. The court had to weigh the principles of allowing amendments against the risk of the plaintiff being improperly deprived of their day in court, and the potential stifling of the development of the law.

The court held that the plaintiff should not be granted leave to amend their pleading to include a claim for non-pecuniary loss. The court found that the proposed amendment was likely to be struck out because it was embarrassing in form and did not disclose a reasonable cause of action. The court also noted that the amendment would permit the defendants to unilaterally vary the terms of the contract, which was inconsistent with the necessary consensual element of a binding contract. The court emphasised the importance of ensuring that a plaintiff is not improperly deprived of the opportunity to have their case determined at trial, but also noted the need to avoid stifling the development of the law by summarily rejecting claims where there is a reasonable possibility that, as the law develops, it will be found that a cause of action will lie.

The court dismissed the plaintiff's application to amend their statement of claim to include a claim for non-pecuniary loss.