Wang v Meng

The appeal concerned an application for leave to amend pleadings after the conclusion of a hearing. The parties involved were Wang (appellant) and Meng (respondent). The dispute revolved around the grant of leave to amend pleadings, which was considered by the New South Wales Court of Appeal.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in exercising their discretion to allow an amendment to the pleadings after the hearing had concluded. This involved considering the application of section 63 of the *Supreme Court Act 1970* (NSW) and whether the possibility of a multiplicity of proceedings or the absence of express reference to sections 56, 57, and 58 of the *Civil Procedure Act 2005* (NSW) provided a basis to interfere with the primary judge's decision.

The Court of Appeal found no basis to interfere with the primary judge's exercise of discretion. The Court reasoned that the discretion to allow amendments, even after the conclusion of a hearing, is broad and should not be fettered by considerations that are not expressly mandated by the relevant legislation. The potential for multiplicity of proceedings and the specific sections of the *Civil Procedure Act 2005* (NSW) were considered, but ultimately did not outweigh the primary judge's assessment of the situation.

The summons filed by the appellant seeking leave to appeal was dismissed, with costs awarded to the respondent.