Khattar v AAI Limited

The case before the Court was between the plaintiff, Mr Khattar, and the defendant, AAI Limited. The dispute arose from a claim by Mr Khattar for damages for breach of contract and misleading or deceptive conduct. The matter was heard in the Federal Circuit Court of Australia. The defendant applied for leave to amend its defence, which had initially been served in June 2019. The hearing was set for June 2020, and the defendant sought to amend its defence to include a counterclaim and to adduce new evidence. The plaintiff opposed the application, arguing that the amendments were futile, prejudicial, and made without good cause.
The Court had to determine whether to exercise its discretion to allow the amendments and whether the amendments were important, not futile, and did not compromise the hearing date. The Court considered that the amendments were not futile, as they addressed issues that were critical to the defendant's case and which were not previously raised. The Court also noted that the amendments did not prejudice the plaintiff, as the plaintiff had been given an opportunity to respond to the proposed amendments. Furthermore, the Court found that the delay in making the amendments did not result in any prejudice to the plaintiff, as the amendments did not compromise the hearing date.
The Court granted the defendant leave to amend its defence, stating that the amendments were important and not futile, and that there was no prejudicial effect on the plaintiff. The Court also noted that the defendant had acted promptly in making the application and that the amendments did not compromise the hearing date. The Court did not make any orders regarding costs or any other relief.