Recent Cases

Commonwealth of Australia v Winston [2024] NSWCA 277 (28 November 2024) (Gleeson, Leeming and Adamson JJA)


Catchwords:


CIVIL PROCEDURE – amendments – extension of time previously granted for statute-barred claim – whether proposed amendment pleaded the same cause of action – whether proposed amendment pleaded new cause of action arising out of the same or substantially the same facts – consideration of Civil Procedure Act 2005 (NSW), ss 64 and 65 – consideration of principles relevant to determining whether a proposed amendment arises out of substantially the same facts – whether further extension of time should be granted