The general power to amend under s 64 of the Civil Procedure Act 2005 (NSW) is available to add a statute-barred cause of action even where the case does not fall within the special power in s 65. Section 65(4) expressly preserves the general power. The rule in Weldon v Neal has been displaced by the Supreme Court Rules and now by the Civil Procedure Act, and a general discretion exists to allow such amendments whenever justice so requires.
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