Markisic v Department of Community Services NSW

The applications before the Court of Appeal of New South Wales concerned a claimant seeking leave to appeal against the refusal of leave to file an amended statement of claim. The dispute arose from the claimant's intention to further amend the statement of claim, with some opponents not having been joined to the proceedings.

The primary legal issues before the court were whether to grant leave to amend the applications to join additional opponents, the necessity of adjourning the proceedings to allow for further amendment, and the appropriate costs orders to be made in light of the adjournment and the claimant's conduct. The court was also required to consider the evidential threshold for allowing such amendments.

The court reasoned that it was necessary to adjourn the applications to allow for the joinder of the sixth, seventh, and eighth opponents. Leave was granted for this amendment. The claimant was directed to serve a revised statement of claim within four weeks, supported by affidavit evidence demonstrating facts that could probably be proved and would support the allegations. The claimant was ordered to pay the costs thrown away by the adjournment, assessed at $3,000 for each of the second, third, fourth, and fifth opponents. A portion of these costs was to be paid within four weeks, and subject to the joinder and service orders, the claimant's proceedings were stayed until these sums were paid. The proceedings were subsequently listed for directions.