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Daldy, Colin v McLaughlin, Gordon [2020] VSC 808

PRACTICE AND PROCEDURE
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Quigley J
Parties: 

Daldy, Colin v McLaughlin, Gordon

Judgment Date: 
1 December 2020
Catchwords: 

PRACTICE AND PROCEDURE - Pleadings - Amendment to defence - Statute of limitations defence - Late application to amend - No real prejudice to the respondent identified - Case management and administration of justice - Magistrates' Court General Civil Procedure Rules 2020 (Vic) O 36.01 - Aon Risk Services Pty Ltd v Australian National University (2009) 239 CLR 174 - Principles to be applied in the exercise of discretion to amend pleadings - Sufficiency of reason for late application - Principles to be applied on appeal against exercise of discretion - House v The King (1936) 55 CLR 499 applied - Complete defence - Prejudice to appellant if amendment refused - Appeal allowed - Billington v Sussan Corporation Australia Pty Ltd [2020] VSCA 12 applied.

Citation: