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Billington, Ian Richard v Sussan Corporation Australia P/L [2020] VSCA 12

Victorian Court of Appeal
Judge(s): 
Beach, Kaye JJA and Croucher AJA
Parties: 

Billington, Ian Richard v Sussan Corporation Australia P/L

Judgment Date: 
10 February 2020
Catchwords: 

PRACTICE AND PROCEDURE – Application for leave to appeal dismissal of application for leave to file and serve amended statement of claim – Whether trial judge applied wrong test in dismissing the application – No significant correlation in factual matrix in original claim and proposed amended claim – Irremediable unfair prejudice to respondent – Application made at very late stage of proceeding – No satisfactory explanation for delay in making the application – Applicant suffered no disadvantage due to dismissal of application – No relevant error by trial judge in dismissing the application – Application for leave to appeal refused – Civil Procedure Act 2010 s 9 – Northern Health v Kuipers [2015] VSCA 172;  Aon Risk Services Australia Pty Ltd v Australian National University (2009) 239 CLR 175 applied.

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