The Court granted leave under s 16 of the Civil Proceedings Act 2011 (Qld) to amend a consolidated statement of claim to add representation claims under ss 18 and 29 of the Australian Consumer Law against an engineer, finding the new causes of action arose out of substantially the same facts as the existing negligence and breach of contract claims. Where r 376 UCPR was not engaged (because limitation questions were unsuitable for interlocutory determination), the broader discretion under s 16(2) applied. The Court found that the engineer's Forms 15 and 16 certifications, though not expressly referenced in the original pleading, were factually and legislatively essential to the existing claims, and that general prejudice from the death of the certifying engineer was insufficient to deny leave in the absence of evidence of specific prejudice.
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