Morgan v Owners of Strata Plan 13937

In Morgan v Owners of Strata Plan 13937, the dispute arose from the plaintiff's claim for damages and injunctive relief against the defendants, who were the owners of a strata plan. The plaintiff alleged that the defendants had breached their statutory obligations under the Strata Titles Act 1985 (Vic) by failing to maintain the common property in a reasonable manner. The matter was heard in the County Court of Victoria.

The court was required to decide whether the plaintiff's late amendment of pleading, made during the trial, could be allowed. The amendment sought to introduce a new particular to the plaintiff's case, which was not previously disclosed in the pleadings. The central legal issue was whether the proposed new particular constituted a triable case and if the amendment could be permitted under the court's discretion.

The court held that the proposed new particular did not constitute a triable case as it was not a material change to the plaintiff's case and did not address any new evidence or issues. The court emphasised the importance of adhering to the rules of pleading and the necessity for parties to disclose all material facts in their initial pleadings. The court found that the amendment was not in the interests of justice and rejected the application. The court maintained that the defendants had already been given a fair opportunity to respond to the plaintiff's claims, and allowing the amendment would unduly prejudice the defendants. Consequently, the court upheld the defendants' objection to the late amendment.

The court dismissed the plaintiff's application for leave to amend the pleading and ordered the trial to proceed with the existing pleadings. The court further directed the parties to focus on the evidence and arguments presented in relation to the original claims. The trial continued with the existing pleadings, and the court did not permit any further amendments to the pleadings during the trial.