Lee v Keddie

The appeal concerned an application for leave to appeal a decision of a single judge of the Supreme Court of New South Wales, which had refused to allow the amendment of pleadings in proceedings between the appellant, Lee, and the respondent, Keddie. The applicants also sought to vacate a hearing date previously set in the defamation list.

The primary legal issue before the Court of Appeal was whether the single judge had erred in refusing leave to amend the pleadings. This involved considering the principles governing the amendment of pleadings, particularly in circumstances where the application is made late in the proceedings and potentially impacts the trial date. The court also had to determine whether there was a question of principle justifying leave to appeal.

The Court of Appeal dismissed the application for leave to appeal, finding that no error of law or principle had been demonstrated in the single judge's refusal to allow the amendment. The court noted that the application for amendment was made at a late stage and that the proposed amendments did not raise any novel or significant legal questions. Consequently, the application to vacate the hearing date was also dismissed.

The applicants were ordered to pay the respondent's costs of the application.