Seneviratne v Prefect Pty Limited

The appeal concerned Seneviratne, the applicant, and Prefect Pty Limited, the respondent. The dispute revolved around an application for leave to amend a notice of appeal. The Court of Appeal of New South Wales was tasked with determining whether to grant this leave.

The primary legal issue before the court was whether the proposed amendment to the notice of appeal disclosed a sustainable ground of appeal. This involved assessing whether the applicant could demonstrate a real prospect of success on the merits of the appeal, even with the amendment. A secondary issue, though not determinative of the outcome, concerned whether the applicant had been denied procedural fairness during earlier proceedings.

The court found that the proposed amendment would not cure the fundamental deficiencies in the applicant's intended appeal. It concluded that the appeal ground, even as amended, could not be made out. Consequently, granting leave to amend would be futile, as the appeal would inevitably fail. The court therefore declined to grant leave to amend the notice of appeal.

The appeal was dismissed with costs.