Byass v Energy Power Systems Australia Pty Ltd

This is an application by the plaintiff, Brian Byass, for leave to amend his statement of claim. The application is opposed by the defendants. The plaintiff seeks leave to amend the statement of claim to include, inter alia, allegations of fraud and fraudulent concealment by the first and second defendants. The plaintiff also seeks to add new causes of action against the third and fourth defendants. The court examines the objections raised by the defendants to the proposed amendments and assesses whether the amendments would disclose a reasonable cause of action or would be an abuse of process. The court concludes that some of the proposed amendments are objectionable and would not disclose a reasonable cause of action. The court also finds that some of the proposed amendments would be an abuse of process or would offend the rules of pleading. The court therefore dismisses the application and orders the plaintiff to prepare a further amended statement of claim addressing the court's concerns.