Patten v Motor Traders' Association of New South Wales (No 2)

In the matter of Patten v Motor Traders' Association of New South Wales (No 2), the parties involved were Patten, the Plaintiff, and the Motor Traders' Association of New South Wales, the Defendant. The dispute centred on an amendment to the Defendant's defence which involved the withdrawal of certain admissions. This amendment was sought on the basis that new evidence obtained during the exchange of statements supported the withdrawal of those admissions. The matter was heard in the Supreme Court of New South Wales.

The court was required to decide whether the Plaintiff's opposition to the amendment was reasonable, particularly in light of the fact that the evidence obtained during the exchange of statements provided a basis for the Defendant's amendment. The court also needed to consider the impact of the mediation process that had already taken place on the reasonableness of the Plaintiff's opposition. The court examined whether the mediation process had been rendered less useful as a result of the Defendant's amendments.

The court found that the Plaintiff's opposition to the amendment was unreasonable given the explanation provided by the Defendant. The court held that the evidence obtained during the exchange of statements provided a valid basis for the withdrawal of the admissions, and that the Plaintiff's opposition was unreasonable in light of this evidence. The court also found that the mediation process had been rendered less useful as a result of the Defendant's amendments, which further supported the reasonableness of the amendment. The court ultimately allowed the amendment to the defence.

The court ordered that the Defendant's amended defence be accepted and that the Plaintiff's opposition to the amendment be dismissed. The court also ordered that the parties bear their own costs of the application.