Equuscorp Pty Ltd and Sintoff Pty Ltd v Acehand Pty Ltd & Ors

Equuscorp Pty Ltd and Sintoff Pty Ltd sought leave to amend their statement of claim against Acehand Pty Ltd and others. The plaintiffs' claims against some defendants were determined in their favour at trial, and they sought to amend their claims against the remaining defendants. The court had to decide whether the Anshun principles prevented the plaintiffs from amending their statement of claim and whether it would be an abuse of process to allow the amendment. The Anshun principles refer to the decision in Anshun Pty Ltd v Northcott Developments Pty Ltd, which concerns the appropriate time to seek leave to amend pleadings. The court found that the principles did not prevent the plaintiffs from amending their statement of claim. The plaintiffs had made a genuine attempt to plead alternative claims against the remaining defendants and had not unreasonably delayed in seeking leave to amend. Allowing the amendment would not be an abuse of process, as it would not cause unfairness to the defendants or waste court resources. The court granted the plaintiffs leave to amend their statement of claim.