This proceeding formed part of a claim for damages over alleged loss and damage suffered by the plaintiff, Australian Golf Management Corporation, as a result of the construction of a pipeline by the defendant, Logan City Council, through land rented to Australian Golf Management Corporation by Logan City Council for the purpose of a golf course.
Australian Golf Management Corporation sought leave from the Court to amend its claim and statement of claim, some of which is opposed by Logan City Council.
The Court refused the application to add new causes of action to the claim and statement of claim should be refused as the proposed amendments did not substantially arise out of the same facts as the presently pleaded cause of action. Further, the Court refused the amendments which had the effect of adding new clauses of action. The Court did allow leave to amend the claim and statement of claim where such amendments were elaborations of the existing cause of action against Logan City Council.
Damian Clothier QC (with E L Hoiberg) appeared for the defendant, Logan City Council, instructed by Clayton Utz.
The judgment is published here.