In the Northern Territory, the power to award equitable damages in addition to specific performance derives from s 62 of the Supreme Court Act 1979 (NT), which incorporates the jurisdiction of the Court of Chancery immediately before the Judicature Act 1873, including the power under Lord Cairns' Act. Good faith is an essential threshold condition for leave to amend pleadings, and the applicant bears the onus of establishing it. A court is particularly reluctant to grant leave to amend after trial has concluded and reasons have been delivered, and the prejudice from such late amendments may not be remediable by costs alone.
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