Yao v Fang

[2025] QCA 86

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Civil proceedings in state and territory courts
3. › Court supervision
4. › Amendment of pleadings
5. › Withdrawal of admissions
6. › Whether real issue in dispute that interests of justice require to be addressed
7. › Whether primary judge's discretion miscarried
8. › Uniform Civil Procedure Rules 1999 (Qld), r 5
1. Appeal
2. › General civil appeal
3. › Discretionary decision on practice and procedure
4. › Whether error of fact or principle
5. › Whether leaving error uncorrected would work substantial injustice

Quick Take

Where a court has already vacated trial dates on the basis that a proposed amendment raises a reasonably arguable case and has rejected bad faith, a subsequent refusal of leave to amend on the ground that there is no real issue in dispute is inconsistent with the earlier decision and constitutes an error warranting appellate intervention.