Clarke v State of New South Wales (No 5)

In the Supreme Court of New South Wales, Clarke brought an action against the State of New South Wales seeking damages for personal injuries sustained in a motor vehicle accident. The dispute centred on the plaintiff's entitlement to recover damages for pain and suffering as well as economic losses. The court was required to decide whether the plaintiff's application to file a further amended statement of claim should be granted. The application for leave to amend was based on the plaintiff's assertion that new evidence had come to light that would support an increase in the quantum of damages claimed.

The court considered the matter of whether the application for leave to amend the statement of claim was made within a reasonable time and whether it was just and convenient to grant the application. The court found that the application was not made within a reasonable time and that the plaintiff had not demonstrated any exceptional circumstances that would warrant an extension of the time limit. The court also noted that the plaintiff had already had an opportunity to amend the statement of claim and had not taken advantage of that opportunity. The court held that it was not just and convenient to grant the application for leave to amend the statement of claim. The motion was dismissed with costs.

The court ordered that the plaintiff pay the defendant's costs of the motion on an ordinary basis. The court also noted that the plaintiff had the option of filing a new proceeding if they wished to pursue the claims set out in the proposed amended statement of claim. The court made no order as to costs for the proceeding as a whole.