Body Corporate for Kuranda Resort Accommodation CTS 30745 v Cairns Tropical Resort Pty Ltd ACN 668 622 713

The plaintiff, Body Corporate for Kuranda Resort Accommodation CTS 30745, brought proceedings against the defendant, Cairns Tropical Resort Pty Ltd, in the Queensland Civil and Administrative Tribunal for unpaid levy contributions and other claims. The defendant was delayed in filing its defence, leading the plaintiff to make two attempts at default judgment. The parties eventually agreed on a trial date, but the defendant experienced various changes in representation, including being self-represented. The defendant did not file and serve material in compliance with court orders and brought an application to amend its defence to add two substantive matters approximately two weeks before the trial date.

The central legal issue was whether the defendant could amend its defence under the court’s discretion pursuant to rule 375 of the Uniform Civil Procedure Rules 1999 (Qld). The court considered the factors relevant to determining whether leave to amend should be granted, including the stage of the proceedings, the extent of prejudice to the plaintiff, the merits of the proposed amendment, and the availability of other remedies. The court found that the defendant's delay in filing its defence and its non-compliance with court orders demonstrated a lack of diligence. Additionally, the proposed amendment would have caused significant prejudice to the plaintiff, as it was made at a late stage and involved substantive matters that could have required further evidence and witness testimony. The court concluded that the defendant's application to amend was an abuse of process and dismissed the application.

The court further determined that it would hear the parties on further directions for the trial and on costs. The defendant offered to pay the plaintiff’s costs, but the court found that this offer did not address the significant prejudice caused by the defendant's delay and non-compliance. The court ordered that the defendant's application to amend its defence was dismissed and that further directions for the trial and on costs would be heard.