Cockram v Russell

Cockram v Russell involved a procedural dispute where the plaintiff sought leave to amend their statement of claim in the Supreme Court of Queensland. The original amended statement of claim had been struck out, and the plaintiff was given leave to re-plead. The plaintiff then applied for an extension of time to file a proposed amended statement of claim, which had not been filed within the stipulated time. The court was required to determine whether the plaintiff should be granted leave to file the proposed amended statement of claim.

The central legal issue before the court was whether the plaintiff should be permitted to file a proposed amended statement of claim despite the delay, particularly considering that the filing would not cause any prejudice to the defendant. The court considered the principles governing leave to amend pleadings and the circumstances of the case. The court found that the delay was not significant, and the defendant would not be prejudiced by the late filing of the proposed statement of claim.

In its judgment, the court held that the plaintiff should be granted leave to file the proposed amended statement of claim. The court noted the absence of prejudice to the defendant and the importance of allowing the plaintiff to have their claims fully considered. Consequently, the court ordered that the plaintiff be given leave to file the proposed amended statement of claim as their statement of claim in the proceeding and that service of the document be deemed to have been effected on the defendant on the date of publication of these reasons for judgment.