The Queensland Court of Appeal (Fryberg and Wilson JJ, Williams JA dissenting) held that the primary judge erred in refusing to permit amendment to a statement of claim, finding that a claim of devastavit against a defendant in his capacity as executor was beyond the scope of an undertaking not to make any claim against the defendant 'in his personal capacity' for monetary compensation or costs. The Court also considered whether it had power to release parties from undertakings given to the court where the undertaking evidenced a prior agreement between the parties, and the circumstances in which such release may be granted. The matter was remitted to the primary judge.
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