General power of amendment
36.01 General power of amendment
For the purpose of—
determining the real question in controversy between the parties to any proceeding; or
correcting any defect or error in any proceeding; or
avoiding multiplicity of proceedings—
the Court may, at any stage, order that any document in the proceeding be amended or that any party have leave to amend any document in the proceeding.
In this Part, document includes—
a complaint; and
an application; and
a pleading.
A pleading may be amended under paragraph (1) notwithstanding that the effect is to add or substitute a cause of action arising after the commencement of the proceeding.
A mistake in the name of a party may be corrected under paragraph (1), whether or not the effect is to substitute another person as a party.
If an order to correct a mistake in the name of a party has the effect of substituting another person as a party, the proceeding must be taken to have commenced with respect to that person on the day the proceeding commenced.
Notwithstanding the expiry of any relevant limitation period after the day a proceeding is commenced, the Court may make an order under paragraph (1) if it is satisfied that any other party to the proceeding would not by reason of the order be prejudiced in the conduct of that party's claim or defence in a way that could not be fairly met by an adjournment, an award of costs or otherwise.
For the purpose of paragraph (6) any other party to the proceeding includes a person who is substituted as a party by virtue of an order made to correct a mistake in the name of a party.
Paragraph (1) does not apply to the amendment of an order.
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