Leung v Chen

In the District Court of Western Australia, the case of Leung v Chen involved an application by the defendant to amend the Statement of Claim and to vacate a scheduled hearing. The plaintiff opposed the application, contending that the defendant's application was an abuse of process and should be dismissed with costs. The court was required to determine whether the defendant's application for leave to amend the Statement of Claim was justified and whether the hearing should be vacated.

The court examined the circumstances surrounding the application, including the nature of the proposed amendments and the reasons for the delay in filing the application. The court noted that the plaintiff's former solicitor appeared to have been incompetent and lacking in diligence, leading to the current situation. The court concluded that the defendant's application should be granted, as the case as pleaded was fundamentally flawed, and the plaintiff had not demonstrated any prejudice that would result from the amendment and the vacation of the hearing date. The court also ordered the former solicitor of the plaintiff to show cause as to why he should not pay the defendant's costs on an indemnity basis.

The court granted the defendant leave to file an amended Statement of Claim by 4pm on 18 February 2022 and vacated the hearing listed for 21 February 2022. The court ordered the plaintiff to pay the defendant's costs occasioned by the amendment and the vacation of the hearing date. The court also required the former solicitor of the plaintiff to show cause why he should not pay those costs on an indemnity basis and listed the proceedings for hearing on 25 May 2022 with an estimate of three days. The court reserved its reasons for the orders made.