The Judicial Registrar granted leave to amend the statement of claim to reframe a nuisance case in accordance with the High Court's reformulated test in Hunt Leather Pty Ltd v Transport for NSW (2025) 426 ALR 621, holding that the amendments clarified rather than recast the existing claim and that minimal delay attended the application given the recency of the High Court's decision. The use of 'inter alia' in particulars was struck as inappropriately open-ended so close to trial. On particular discovery, only two of six contested categories were ordered, with the Court emphasising that categories must be precisely confined by time and geography at a late stage of proceedings, and that lack of promptness in seeking discovery weighs against broad orders.
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