Rig Air and Diesel Pty Ltd v Allwell (NT) Pty Ltd

[2024] NTSC 107

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Practice and Procedure
2. › Pleadings
3. › Amendment of Pleadings
4. › Leave to amend pleadings is routinely refused if the amended pleading is liable to strike out
5. › On an application for leave to amend, Courts are concerned only with the proper raising of issues, not the merits.
1. Practice and Procedure
2. › Embarrassing pleadings
3. › When a pleading is embarrassing.
1. Practice and Procedure
2. › Joinder of parties for the purpose of pursuing the cause of action the subject of the proposed amendment of pleadings
3. › Relevant principles
4. › Joinder is appropriate to ensure that all necessary parties are before the Court so that all issues are litigated in a cost effective manner and avoiding multiplicity of proceedings
5. › Rules 9.02 and 9.06 are to be given a wide beneficial interpretation.
1. Costs
2. › Security for costs
3. › Relevant principles
4. › Upon the satisfaction of a qualifying factor in r 62.02(1) an order for security for costs is in the discretion of the Court
5. › Factors relevant to the exercise of the discretion
6. › Order may be refused if there is an unjustified delay in bringing application.