Horton & Anor v Keeley & Ors

[2013] QCA 161

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Discretionary procedural ruling
4. › Amendment of pleadings during trial
5. › Whether substantial injustice to applicant
6. › Whether error of kind in House v The King demonstrated
7. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Practice and Procedure
2. › Amendment of pleadings
3. › Leave to amend statement of claim during trial
4. › Principles governing amendment
5. › Case management considerations
6. › Whether amendment visited substantial injustice
7. › Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
1. Appeal
2. › Fresh evidence on appeal
3. › Whether documents created pursuant to leave to amend can be adduced to challenge grant of leave
4. › Whether special ground shown
5. › Uniform Civil Procedure Rules 1999 (Qld), rr 766, 768

Quick Take

On an appeal against the grant of leave to amend a pleading, documents created pursuant to that leave (such as the amended pleading itself) cannot be adduced as fresh evidence to challenge whether the leave was correctly granted. Leave to appeal under s 118(3) of the District Court of Queensland Act 1967 against a discretionary procedural ruling permitting amendment of pleadings during trial requires demonstration of both substantial injustice and House v The King error, and will be difficult to obtain where the amendment permits continuation of proceedings towards a hearing on the merits.