Tam v Super Seasons Pty Ltd

Tam, a plaintiff, brought a claim against Super Seasons Pty Ltd, a defendant, in a dispute concerning allegations of breach of contract and associated damages. The case was before the court, which was required to decide whether the plaintiff's application for leave to amend her pleadings should be granted, particularly considering the lateness of the application and the introduction of new counsel. The application was made in June 2023, proposing an amendment to the pleadings that essentially mirrored the case presented in June 2023, despite the proceedings having commenced in 2020. The amendment followed a loss of ten hearing days in October 2022.

The court considered the lateness of the application and the introduction of new counsel, but also weighed the importance of proceeding with the matter against the potential prejudice to the defendant. The court found that the proposed amendment did not introduce new issues or parties, and that the defendant would not suffer any forensic prejudice. Furthermore, the court recognised the imperative of the matter proceeding to its conclusion.

In granting leave for the amendment, the court noted that the application was not so late as to render the grant of leave unjust. It was held that there was no significant delay and that the defendant was not prejudiced by the late amendment. The court concluded that the matter should proceed to its conclusion, and therefore granted the plaintiff's application for leave to amend her pleadings.