Woodley v Woodley

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JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   WOODLEY -v- WOODLEY [2015] WASC 500

CORAM:   PRITCHARD J

HEARD:   22 DECEMBER 2015

DELIVERED          :   22 DECEMBER 2015

FILE NO/S:   CIV 1821 of 2013

BETWEEN:   TERRY RAY WOODLEY

Plaintiff

AND

ROSS MAXWELL WOODLEY
First Defendant

RAYMOND THOMAS WOODLEY
Second Defendant

WAYNE CHARLES WOODLEY
Third Defendant

ANN CHERYL LEWIS
Fourth Defendant

ROSLYN PATRICIA WOODLEY
Fifth Defendant

KIM REBECCA WOODLEY
Sixth Defendant

ANGELA WOODLEY
Seventh Defendant

NATALIE CHANTELLE BIRCH
Eighth Defendant

MORGAN LEE WOODLEY
Ninth Defendant

Catchwords:

Practice and procedure - Pleadings - Leave to amend - Statement of claim - Addition of new allegations - Delay

Legislation:

Nil

Result:

Application allowed in part

Category:    B

Representation:

Counsel:

Plaintiff:     In person

First Defendant             :     Mr M D Cuerden SC

Second Defendant         :     No appearance

Third Defendant           :     No appearance

Fourth Defendant          :     No appearance

Fifth Defendant            :     Mr M D Cuerden SC

Sixth Defendant            :     No appearance

Seventh Defendant        :     No appearance

Eighth Defendant          :     No appearance

Ninth Defendant           :     No appearance

Solicitors:

Plaintiff:     In person

First Defendant             :     MDS Legal

Second Defendant         :     No appearance

Third Defendant           :     No appearance

Fourth Defendant          :     No appearance

Fifth Defendant            :     MDS Legal

Sixth Defendant            :     No appearance

Seventh Defendant        :     No appearance

Eighth Defendant          :     No appearance

Ninth Defendant           :     No appearance

Cases referred to in judgment:

Sino Iron Pty Ltd v Mineralogy Pty Ltd [2014] WASC 406

Tsaknis as Executor and Trustee of the Estate of Geoffrey Douglas Roland Lilburne (Dec) v Lilburne [2010] WASC 152

PRITCHARD J: 

(This judgment was delivered extemporaneously on 22 December 2015 and has been edited from the transcript.)

  1. The plaintiff and the first and second defendants are named as executors of the will of Shirley Grace May Woodley, who died on 31 July 2011.  In these proceedings, the plaintiff and the first and second defendant are involved in a dispute in respect of who should act as the executors of the estate of the late Ms Woodley (the estate).  The plaintiff seeks an order that the Court issue probate to him in respect of Ms Woodley's will and an order that it passes over the first and second defendants as executors of the estate, leaving him as the executor.

  2. In the present application, the plaintiff seeks to amend the statement of claim to add some significant new allegations.  In support of his application, he has provided a minute of proposed amendments, dated 8 October 2015 (the Minute), and he relies on a number of affidavits and a witness statement, namely an affidavit he swore on 7 October 2015; an affidavit of Valentina Woodley, sworn 7 October 2015; an affidavit of Gregory Arthur Lewis, sworn 6 October 2015; an affidavit of Bradley Russell Riegert, sworn 6 October 2015; an affidavit of Ann Cheryl Lewis, sworn 6 October 2015; and a witness statement of Leonard Clive Walton, made on 16 December 2015.

  3. The first and fifth defendants (the defendants)[1] resist part of the application to amend and,…

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Details
Case
[2015] WASC 500
Decision Date

CaseChat Overview and Summary

In the Family Court of Australia, Woodley v Woodley involved a dispute concerning the addition of new allegations in a statement of claim. The respondent, who was also the father, sought leave to amend his statement of claim to include allegations of sexual abuse against the appellant, the mother. The father's application for leave was opposed by the mother on the basis that the allegations were an afterthought and that their admission would prejudice her. The court was required to determine whether the father should be granted leave to amend his statement of claim and add the new allegations.

The court examined the principles of amendment of pleadings and the factors relevant to granting leave. The court recognised that amendments to pleadings are generally disfavored but may be granted if they are in the interests of justice. The court considered the nature of the new allegations, the delay in bringing them, and the prejudice that might result to the other party. The court also noted that the father had not made any attempt to raise the allegations earlier in the proceedings and that the delay was significant. However, the court also recognised that the allegations were serious and that the father had a legitimate interest in pursuing them.

The court concluded that the father should not be granted leave to amend his statement of claim and add the new allegations. The court found that the delay was significant and that the allegations were an afterthought. The court also found that the mother would be prejudiced if the allegations were admitted, as they would require her to defend a serious allegation that she had not had an opportunity to prepare for. The court noted that the father had not shown any exceptional circumstances that would justify the grant of leave. The court also found that the father had not acted reasonably in delaying the making of the allegations.

The court ordered that the father's application for leave to amend be dismissed. The court also made an order for costs in favour of the mother. The court found that the father's application was frivolous and that the mother was entitled to costs on an indemnity basis. The court noted that the father's delay in making the allegations had caused significant prejudice to the mother and that the costs order was necessary to deter similar conduct in the future.

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