Greer v Pickering

Case

[2015] NSWSC 1039

29 July 2015


Details
AGLC Case Decision Date
Greer v Pickering [2015] NSWSC 1039 [2015] NSWSC 1039 29 July 2015

CaseChat Overview and Summary

Greer sued Pickering, alleging that Pickering breached the terms of a contract and acted negligently. The matter was heard in the Federal Court of Australia. Pickering, the second defendant, sought to amend the pleadings after the expiration of the relevant time period. The legal issues were whether the second defendant's application to amend was made in a timely manner and whether it would cause any procedural or forensic disadvantage to the first defendant.

The court held that the application to amend was made within the relevant time period, and that the amendment would not cause any procedural or forensic disadvantage to the first defendant. The court found that the first defendant was aware of the claims against the second defendant, and had the opportunity to investigate and respond to them. The court also noted that the first defendant had not raised any objection to the amendment, and had not suffered any prejudice as a result of the delay. The second defendant's application to amend was therefore allowed.

The court ordered that the pleadings be amended to reflect the changes sought by the second defendant. The court also ordered that the first defendant pay the second defendant's costs of the application.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Amendment of Pleadings

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