Carpenter v Morris

The case of Carpenter v Morris involved a dispute between the plaintiffs, the Carpenters, and the defendants, Morris. The proceeding was initiated in 2016, and the matter was set for the final hearing in 2020. The defendants sought leave to amend their defences on the first day of the hearing, without providing any explanation for the delay. The plaintiffs argued that the late application would cause them prejudice, but ultimately, they conceded that no such prejudice would result from the amendment. Additionally, the proposed amendment did not necessitate the vacation of the hearing date.

The court had to determine whether the defendants' application for leave to amend their defences should be granted, considering the lack of explanation for the delay, the absence of prejudice to the plaintiffs, and the fact that the amendment would not require the hearing date to be vacated. The key legal issue was whether the defendants were entitled to amend their defences at such a late stage in the proceedings.

In granting the application, the court held that the defendants were not required to provide an explanation for the delay in seeking leave to amend their defences. The court also found that the plaintiffs had not suffered any prejudice as a result of the late application, and that the proposed amendment did not necessitate the hearing date to be vacated. The court emphasised the importance of ensuring a just and efficient resolution of disputes and considered the factors outlined above in its decision. Consequently, the defendants were granted leave to amend their defences.

The court ordered that the defendants be permitted to amend their defences in accordance with the terms of the application. No further orders were made in relation to the proceedings.