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Abuse: Whether preliminary separate issue.

By Bill Madden on February 29, 2024
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GWG v Province Leader of the Oceania Province of the Congregation of the Christian Brothers [2024] WADC 8 (Link to JADE).

A somewhat convoluted interlocutory matter, in which the defendant sought to amended its defence so as to plead the existence of a prior settlement agreement, in circumstances where an agreement had been reached but the plaintiff then did not sign a Deed of Release.

The defendant was given leave to amend its defence to refer to the prior agreement. However on the issue of whether there should be a separate trial of the issue of whether the plaintiff agreed to settle the claim the subject of the action, the court noted that the amendment referring to the earlier settlement arose late in the litigation. For that and other reasons, the court held that it was neither just nor convenient for an order for a separate trial to be made.  

[BillMaddensWordpress #2228]

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    Bill Madden
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