The Court refused leave to amend a statement of claim to plead an oral variation of a loan agreement's repayment date, finding the amendment was brought too late, without explanation for the delay, was deficiently pleaded (lacking consideration or estoppel), and would cause irreparable prejudice to the defendant. Without the amendment, the plaintiff's concession that the consultancy agreement did not extend the repayment date meant the claim was statute-barred under s 14 of the Limitation Act 1969 (NSW), and the proceedings were summarily dismissed under r 13.4 UCPR. The Court treated the amendment as particularisation of the existing cause of action under s 64 CPA rather than a new cause of action requiring s 65, but refused it on discretionary grounds under s 58.
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