Girgis v Poliwka [No 4]

The matter before the court was an interlocutory application by the respondent, Girgis, to the appellant, Poliwka, seeking to disallow an amendment to the respondent's pleadings and to adduce expert evidence in relation to the amendment. The case was heard in the Supreme Court of New South Wales. The primary dispute centred on whether the amendment to the pleadings would prejudice, embarrass or delay the fair trial of the action, and whether the proposed expert evidence was relevant to the issues in dispute.

The court was required to determine whether the amendment introduced an immaterial and irrelevant issue, and whether it would prejudice, embarrass or delay the fair trial of the action. The court was also required to decide whether the proposed expert evidence was relevant to the issues in dispute, and whether it was necessary for the fair determination of the proceeding.

The court found that the amendment did not introduce an irrelevant or immaterial issue, and that it did not prejudice, embarrass or delay the fair trial of the action. The court further found that the proposed expert evidence was relevant to the issues in dispute and was necessary for the fair determination of the proceeding. The application to disallow the amendment to the pleadings and to adduce expert evidence was dismissed. The court held that the test of apparent relevance was turned on its own facts and that the proposed evidence would assist in the fair determination of the proceeding.