› although defendants have given conditional consent, the Court will not grant leave to file the draft amended pleadings in their present terms
› where the Court is entitled to insist that any amendments that are permitted allege all material facts and give all necessary particulars
Costs
› Party/Party
› Costs orders in interlocutory proceedings
› where the plaintiffs must be ordered to pay the defendants’ costs of and occasioned by the amendment of the pleadings
› where the Court should not order that those costs be paid forthwith
› where the Court should not make gross sum costs orders
Costs
› Security for costs
› Relevant factors
› where, in the circumstances, the defendants are at least entitled to an order that requires the plaintiffs to increase the amount of the indemnity for costs by an appropriate amount
Civil Procedure
› Pleadings
› Amendment
› where, in the circumstances, it would not be appropriate for the Court to impose a condition on the amendment of pleadings that stipulates that the party seeking leave may not call a lawyer for the other party at the hearing
Case Details
Citation[2020] NSWSC 1072
CourtNSWSC
JurisdictionNew South Wales
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