Raad v Cossey (re application to amend statement of claim) [2022] NSWDC 58

District Court New South Wales

Medium Neutral Citation: Raad v Cossey (re application to amend statement of claim) [2022] NSWDC 58 Hearing dates: 11 February 2022 Date of orders: 15 March 2022 Decision date: 15 March 2022 Jurisdiction: Civil Before: Cowdroy AO QC ADCJ Decision: (1) The plaintiff's notice of motion filed 7 January 2022 is dismissed. (2) The plaintiff to pay the defendant's costs of and incidental to the notice of motion. Catchwords: PRACTICE AND PROCEDURE – pleadings – amendment – application amend statement of claim after closure of evidence and of submissions – amendment if allowed require further evidence including expert evidence – application refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58 and 64 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Cropper v Smith (1884) 26 Ch D 700 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Ketteman v Hansel Properties Ltd [1987] AC 189 Leotta v Public Transport Commission of NSW (1976) 50 ALJR 666 MJH Chemicals Pty Ltd (formerly Bracton Chemical Co Pty Ltd) v State Rail Authority of New South Wales (Supreme Court of New South Wales – Equity Division, Bryson J, 19 April 1996) State of Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 Urban Transport Authority of New South Wales v Nwieser (1992) 28 NSWLR 471 Category: Procedural rulings Parties: Plaintiff: Raad Raad Defendant: Peta-Lee Cossey Representation: Counsel: Plaintiff: Mr J Jobson Defendant: Mr P Deakin QC / Mr B Wilson