Collier v Country Women’s Association of New South Wales

[2017] NSWCA 22

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Amendment of statement of claim
4. › Annexation of affidavit to pleading
5. › Whether proposed amendment complied with pleading rules
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 14.7, 15.1, 15.19
1. Practice and Procedure
2. › Leave to appeal
3. › Interlocutory decisions
4. › Discretionary decisions
5. › Whether error in House v The King sense demonstrated
6. › Whether issue of principle or public importance raised
1. Practice and Procedure
2. › Costs
3. › Costs follow the event
4. › Costs of unsuccessful amendment application

Quick Take

The requirement for particularity of pleading causes of action is not met by the annexation of a lengthy affidavit to a statement of claim. A proposed amended statement of claim that incorporates a 116-page affidavit does not comply with UCPR rr 14.7 and 15.1, and reliance on UCPR r 15.19 does not warrant incorporating such material under the guise of providing particulars in defamation proceedings.