Mackenzie v W Small Plant Hire (a firm) & Ors

[2001] QCA 277

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Amendment
4. › Amendment after request for trial dates filed
5. › Whether leave required under Rule 380 UCPR
6. › Whether further particulars provided by correspondence under Rule 160(2) constitute amendment without leave
7. › Uniform Civil Procedure Rules (Qld), rr 160(2), 162, 380, 470
1. Practice and Procedure
2. › Pleadings
3. › Amendment
4. › Exercise of discretion to refuse leave
5. › Lapse of time
6. › Prejudice from fading recollections
7. › Substantial departure from pleaded case
8. › Whether discretion miscarried
1. Appeal
2. › Standard of appellate review
3. › Ruling on matters of practice and procedure
4. › Circumspect approach required on appeal

Quick Take

Further particulars provided by correspondence under Rule 160(2) of the UCPR do not take effect as amendments to pleadings once a request for trial dates has been filed; leave under Rule 380 is required. Substantial lapse of time, prejudice from fading recollections, and a substantial departure from the pleaded case are proper considerations in refusing leave to amend at a late stage.