Mirabela Nickel Ltd (in Liquidation) (Receivers and Managers Appointed) v Mining Standards International Pty Ltd [No 7]

The plaintiffs, Mirabela Nickel Ltd (in Liquidation) (Receivers and Managers Appointed) and others, sought leave to amend their statement of claim in a case against Mining Standards International Pty Ltd after the trial and after the reasons for decision were delivered. The plaintiffs sought to amend the pleaded agreement between the parties to reflect the manner in which the trial was conducted, which they argued involved an agreement to vary, modify, or set the date of satisfaction of the Finance Condition to 22 November 2017. The defendant opposed the application on several grounds, including delay, case management principles, and irremediable prejudice.

The court considered the principles governing late applications to amend pleadings, which include the effect of an amendment on the court and other litigants, the need for procedural fairness, and the importance of the amendment to the party amending. The court also considered the manner in which the case was run at trial, which showed that both parties had addressed the issue in a manner consistent with the proposed amendment.

The court found that the proposed amendment reflected the manner in which the case was run at trial and that the defendant had acquiesced to the expansion of the issues. The court also found that the amendment would not cause irremediable prejudice to the defendant, as the defendant had not shown how it would have conducted the trial differently if the amendment had been made at an earlier stage. The court concluded that it would be appropriate to grant leave to the plaintiffs to amend their statement of claim, notwithstanding the significant delay in making the application. The court will hear from the parties as to the costs of the application before making any formal orders.