The Court granted the defendant Homes Victoria leave to amend its defence on the eve of trial to plead a system of cleaning and maintenance delegated to contractors, despite finding the defendant's explanation for the late amendment unsatisfactory. The Court held that, on the balancing exercise required by Aon Risk Services and the Civil Procedure Act 2010 (Vic), the interests of justice favoured allowing the amendment rather than shutting the defendant out from pleading an arguable defence, notwithstanding the consequential adjournment of the trial. The ruling resulted in the trial being unable to proceed as listed, with costs and timetabling orders to be determined.
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