Practice and procedure - Application for leave to amend reply and to withdraw admission in action CIV 3136 - Pleading filed without seeking leave - Relevant pleading concerns basis on which plaintiff received proceeds of settlement - Amendment and withdrawal more in the nature of a clarification than a volte face by the plaintiff - Pleadings to be viewed in proper context - Turns on own facts
Practice and procedure - Application for leave to amend reply and to withdraw admission in action CIV 2283 - Pleading filed without seeking leave - Relevant pleading concerns whether plaintiff satisfied as to practical completion - Amendments the subject of extensive previous argument before the court in October 2023 - Not in the interests of justice to allow the fresh application to, in effect, discharge previous order of the court - Explanation not adequate - Turn on own facts
Case Details
Citation[2024] WASC 2
CourtWASC
JurisdictionWestern Australia
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