A cause of action that was previously included in a writ but subsequently deleted is a 'new' cause of action for the purposes of O 21 r 5(5) of the Rules of the Supreme Court 1971 (WA). The word 'new' means not presently contained in the writ at the time the amendment is sought; it does not mean 'new to the proceedings'. Accordingly, a party may reintroduce a previously abandoned cause of action by amendment after the limitation period has expired, provided it arises out of the same or substantially the same facts as an existing cause of action. The fact of prior deliberate abandonment is relevant to the exercise of discretion, not to the threshold question of whether the rule applies.
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