Baptcare Ltd v Thomas Ingpen & Anor

[2022] VSCA 250

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Amendment of pleadings
3. › Leave to amend defence
4. › Application made shortly before trial
5. › Whether judge failed to take into account material considerations
6. › Whether prejudice to defendant by refusal to permit amendment
7. › Whether interests of justice served by allowing amendment
8. › County Court Civil Procedure Rules 2018 (Vic), r 36.01(1)(a)
9. › Civil Procedure Act 2010 (Vic), ss 9(1), 20, 23
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision on practice and procedure
4. › Whether House v The King error established
5. › Whether substantial injustice if appeal refused
1. Practice and Procedure
2. › Overarching obligations
3. › Duty to cooperate
4. › Duty to narrow issues in dispute
5. › Civil Procedure Act 2010 (Vic), ss 20, 23

Quick Take

When exercising discretion on applications to amend pleadings, a judge must consider not only the prejudice to the opposing party and case management concerns, but also the consequences of refusal for a fair trial and the prejudice to the amending party from being shut out of arguable claims or defences. The overarching obligation to cooperate under s 20 of the Civil Procedure Act 2010 (Vic) requires lawyers to respond promptly and cooperatively to proposed amendments rather than stonewalling, and failure to do so may weigh against the non-cooperating party.