Clarke v Nursing and Midwifery Council of New South Wales

The plaintiff, Clarke, filed a defamation case against the Nursing and Midwifery Council of New South Wales, alleging defamatory statements were published in a report. The matter came before the court for consideration of an application to amend the statement of claim to substitute a different publication in place of the one previously sued upon. The court had to decide whether the proposed substitution would result in a claim that was the same or substantially the same as the original claim.

The court examined the legal principles underpinning the ability to amend pleadings under section 65 of the Civil Procedure Act 2005 (NSW). It considered whether the substituted publication gave rise to a claim that was the same or substantially the same as the original claim, taking into account the context and circumstances of the case. The court determined that the proposed amendment did not alter the essential nature of the claim and that the new publication was sufficiently similar to the original to maintain the integrity of the proceedings.

Having considered the submissions and the relevant legal principles, the court granted leave for the plaintiff to amend the statement of claim to include the new publication. It ordered that the plaintiff bear the costs thrown away due to the amendment but allowed for a potential application regarding the costs of the argument. The court also permitted the entry of Short Minutes of Order to establish a timetable for the further conduct of the proceedings.

The final orders included granting leave to the plaintiff to amend the statement of claim, directing the plaintiff to pay the costs incurred due to the amendment, and allowing for an application regarding the costs of the argument. Additionally, the court authorised the creation of Short Minutes of Order to outline a schedule for the proceedings.