Application to amend judicial review application pursuant to O 56 r 5(2)(h)
Relevance of O 56 r 2(4)
Turns on own facts
Quick Take
1An application to amend the grounds of an existing judicial review application under O 56 r 5(2)(h) of the Rules of the Supreme Court (WA) is not to be treated as a fresh judicial review application attracting the limitation period requirements of O 56 r 2(4); rather, O 56 r 5(2)(h) presupposes an existing application already on foot.
2Although O 56 r 5(2) does not expressly identify the matters relevant to the discretion to permit amendment, whether a limitation period has expired, the circumstances of that expiry, the consequences of delay, prejudice to other parties, and the arguable merit of the proposed ground are all relevant considerations.
3Where the proposed new ground is closely interconnected with existing grounds, the original application was filed within time, delay in seeking amendment is explained, no prejudice to opposing parties is demonstrated, and the ground is not devoid of merit, leave to amend should be granted.
