Louise Developments Pty Ltd v Carpet Call (Vic) Pty Ltd

Louise Developments Pty Ltd sued Carpet Call (Vic) Pty Ltd in the County Court of Victoria. The plaintiff sought to amend its Statement of Claim to align with evidence it had served. The amendment resulted in the removal of certain claims against the defendant. The defendant applied for an order that the plaintiff pay the costs it incurred due to the amendment on the indemnity basis and immediately. The plaintiff argued that it had not acted unreasonably in amending its pleadings.

The court considered whether the plaintiff's amendment was reasonable and justified. It found that the plaintiff did not act unreasonably in amending its Statement of Claim. The court also considered the defendant's application for costs on the indemnity basis and rejected it, finding that the plaintiff had not acted unreasonably. The court ordered the plaintiff to pay the defendant's costs thrown away by the amendment on the ordinary basis. However, the court declined to make a forthwith costs order.