J & E Vella Pty Ltd v Hobson

[2020] NSWCA 188

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Amendment of statement of claim
4. › Leave to amend
5. › Refusal of leave
6. › Whether primary judge failed to consider prejudice to applicants from refusal
7. › Whether House v The King error established
8. › Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 64
1. Practice and Procedure
2. › Pleadings
3. › Amendment of statement of claim
4. › Account of profits claim versus damages claim
5. › Whether amendment to plead account of profits raises same factual issues as amendment to plead damages
6. › Whether causal relationship required for account of profits
1. Practice and Procedure
2. › Abuse of process
3. › Anshun estoppel
4. › Whether refusal of amendment would preclude separate proceedings
5. › Whether separate proceedings antithetical to just, quick and cheap resolution
6. › Supreme Court Act 1970 (NSW), s 63

Quick Take

Practitioners seeking leave to amend should ensure the court addresses the prejudice from refusal, including whether separate proceedings would be required and whether Anshun estoppel might apply, as failure to consider such prejudice constitutes a House v The King error.