Carrafa v Asfar

The plaintiffs, Carrafa, brought an action against the defendant, Asfar, and sought to amend their pleadings and join two new defendants. The amendment and joinder of the new defendants would result in the vacation of a hearing date that had been fixed since mid-2019. The court was required to decide whether the pleadings should be amended and the new defendants joined, and if so, whether the hearing should be vacated and, if so, on what terms. The court considered the relevant principles of law governing amendments of pleadings, including the court's discretion to allow such amendments and the factors to be taken into account in exercising that discretion. The court also considered the potential prejudice to the defendants if the amendment and joinder were allowed, and the extent to which that prejudice could be mitigated by an adjournment of the hearing.

The court found that the plaintiffs had not established a sufficient basis for the amendment of the pleadings or the joinder of the new defendants. The court noted that the amendment and joinder would result in significant prejudice to the defendants, who had been preparing for the hearing on the existing pleadings for over a year. The court also found that the prejudice could not be adequately mitigated by an adjournment of the hearing, given the length of time that had already elapsed and the complexity of the case. The court therefore refused to allow the amendment and joinder, and dismissed the application for an adjournment of the hearing. The plaintiffs were ordered to pay the defendants' costs of the application.