New South Wales Land and Housing Corporation v Frances Joy Reilly

The New South Wales Land and Housing Corporation (the appellant) sought leave to further amend its notice of appeal in proceedings against Frances Joy Reilly (the respondent). The dispute concerned the appellant's application to amend its notice of appeal, which the respondent opposed. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether to grant the appellant leave to further amend its notice of appeal. This involved considering whether the proposed amendments addressed matters that were not in issue at the trial, whether a new point could be raised on appeal, and the potential prejudice to the respondent, including forensic considerations and cost implications. The Court also considered the requirement for leave to withdraw express admissions in pleadings under rule 12.6 of the Uniform Civil Procedure Rules 2005, noting that such leave had not been sought.

The Court determined that the proposed amendments sought to raise issues that were not canvassed at the trial, and that allowing such amendments would likely cause prejudice to the respondent. The Court applied the principles that a party should generally be bound by the case run at trial and that new points should not be raised on appeal without strong justification. The Court also noted the absence of an application for leave to withdraw admissions.

The application for leave to further amend the notice of appeal was dismissed, with the appellant ordered to pay the respondent's costs.