This appeal concerned whether the appellant should have leave to amend its statement of claim to introduce new claims in a proceeding in which the appellant sought declarations of constructive trust of real property held in the name of her mother-in-law, who had died after the proceedings were commenced. The appeal turned on whether any error could be demonstrated in the exercise of the discretion of the primary judge (Jackson J) to refuse leave to make certain of the proposed amendments. The appeal was dismissed.
Stewart Webster appeared for the respondent, instructed by Cooper Grace Ward.
The judgment is published here.
