Young v Hones (No 2)

In *Young v Hones (No 2)*, the New South Wales Court of Appeal considered an application for leave to appeal against an interlocutory decision of the primary judge. The dispute concerned the primary judge's refusal to grant an adjournment during reply submissions to allow the plaintiffs to adduce evidence explaining the lateness of their application to further amend their statement of claim, and the primary judge's refusal to permit that further amendment.

The Court of Appeal was required to determine two principal legal issues. Firstly, whether the primary judge erred in refusing the oral application for an adjournment during reply submissions. Secondly, whether the primary judge erred in refusing the application to further amend the statement of claim.

The Court of Appeal refused both applications for leave to appeal. In relation to the refusal to adjourn, the Court found no error on the part of the primary judge. Regarding the refusal to allow the further amendment of the statement of claim, the Court also found no error, implicitly applying principles that govern the amendment of pleadings, particularly concerning the stage of proceedings and potential prejudice to the opposing party. Leave was granted for the fourth and fifth respondents to file a Notice of Contention.