John Pfeiffer Pty Ltd v Canny

John Pfeiffer Pty Ltd (the appellant) appealed to the High Court of Australia against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for damages arising from a motor vehicle accident in which the respondent, Ms Canny, was injured. The primary issue on appeal was whether the appellant could rely on a defence of contributory negligence, despite having failed to plead it in its defence at trial.

The High Court was required to determine whether the defence of contributory negligence could be raised for the first time on appeal, and if so, whether the facts of the case supported such a defence. This involved considering the principles governing the amendment of pleadings and the circumstances in which an appellate court may entertain new arguments. The court also had to assess whether the respondent's conduct contributed to her injuries.

The majority of the High Court, comprising Mason, Murphy, Aickin and Wilson JJ, held that while an appellate court has the power to grant leave to amend pleadings, such leave should not be granted where it would cause prejudice to the other party or where the new defence was unlikely to succeed. In this instance, the court found that the appellant had not established that the respondent was contributorily negligent, and therefore, leave to amend the defence was refused. Brennan J dissented, arguing that the defence should have been permitted.

The appeal was dismissed, and the judgment of the Supreme Court of New South Wales was affirmed.