CIVIL PROCEDURE — Pleadings — Amendment — Whether subject matter of amendment raised by or depending on current proceedings
Quick Take
1Under s 64(2) of the Civil Procedure Act 2005 (NSW), it is not sufficient that a proposed amendment raises 'a real question'; the amendment must raise a real question 'raised by or otherwise depending on the proceedings' as they exist before the proposed amendment.
2While a review of a registrar's decision is in substance a de novo hearing not requiring a finding of error, in matters of practice and procedure that do not bring proceedings to an end, the court will be less inclined to interfere with the registrar's decision.
