Yeeh Yong Jong v Advanced Dental Services Pty Limited

Yeeh Yong Jong brought proceedings against Advanced Dental Services Pty Limited seeking damages for alleged breach of contract and professional negligence. The case was heard in the Federal Circuit Court of Australia. The defendant filed an application to dismiss the proceeding for want of prosecution, as well as an application for summary dismissal of the plaintiff's claims. The plaintiff then sought to amend his Statement of Claim on the first day of the hearing, but the court refused this application. The legal issues before the court were whether the plaintiff could amend his Statement of Claim on the first day of the hearing and whether the defendant's application for summary dismissal of the proceeding was successful. The court found that the plaintiff's application to amend his Statement of Claim was an attempt to introduce new causes of action which had not been disclosed in his original pleadings and that such an amendment would cause unfairness to the defendant. The court also found that the defendant's application for summary dismissal was not successful as the plaintiff's Statement of Claim disclosed a reasonable cause of action. The court dismissed the plaintiff's application to amend his Statement of Claim, ordered the plaintiff to pay the defendant's costs of and caused by the Notice of Motion, dismissed the defendant's application for summary dismissal, and ordered the defendant to pay the plaintiff's costs of and caused by the motion.