Michael Trim represented the responsent, instructed by Carter Newell Lawyers.
HealthX Group Pty Ltd v Palling [2025] FCA 298 concerned the applicant’s interlocutory application to amend its originating application and statement of claim to add a new equitable claim for relief, distinct from its existing contractual claim.
The Court dismissed the application to amend with costs. The applicant was unable to discharge the onus of demonstrating that the discretion to grant leave to amend should be exercised favourably. The amended claim suffered from a lack of proper particulars and had no reasonable prospects of success. A decisive factor against the amendment was that the applicants failed to provide a satisfactory explanation for its unjustified delay in applying for leave to amend.
The judgment can be read by clicking here
