Aon Risk Services Australia Limited v Australian National University [2009] HCA 27

HIGH COURT OF AUSTRALIA

FRENCH CJ

GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ

AON RISK SERVICES AUSTRALIA LIMITED APPELLANT

AND

AUSTRALIAN NATIONAL UNIVERSITY RESPONDENT

Aon Risk Services Australia Limited v Australian National University

[2009] HCA 27

5 August 2009

C1/2009

ORDER

1. Appeal allowed with costs.

2. Set aside orders 2 and 3 of the orders of the Court of Appeal of the Supreme Court of the Australian Capital Territory dated 25 August 2008 and, in lieu thereof, order that:

a) The appeal be allowed.

b) The orders of Gray J made on 12 October 2007 be set aside, and in lieu thereof there be an order that the plaintiff's application for leave to amend the further amended statement of claim be dismissed with costs.

On appeal from the Supreme Court of the Australian Capital Territory

Representation

J T Gleeson SC with N J Owens for the appellant (instructed by Corrs Chambers Westgarth)

B W Walker SC with J Oakley for the respondent (instructed by Sparke Helmore)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Aon Risk Services Australia Limited v Australian National University

Practice and procedure – Pleadings – Amendment – Where application for leave to amend statement of claim made on third day of four week trial – Whether application should have been granted.

Practice and procedure – Pleadings – Amendment – Where Court Procedures Rules 2006 (ACT) ("Rules"), r 502 provided that court may give leave to amend pleadings "in the way it considers appropriate" – Where r 21 provided objectives of Rules to facilitate just resolution of real issues in proceedings and timely disposal of proceedings at affordable cost – Relevance of case management principles to application to amend – Capacity of costs to overcome prejudice to opposing party – Whether party should be permitted to amend to raise arguable issue subject to payment of costs – Whether Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146; [1997] HCA 1 should be overruled – Relevance of stage of proceedings at which amendment sought – Relevance of explanation for delay in seeking amendment – Relevance of extent of proposed amendment.