Read the full judgment text of HCCT000005D/1987 on BabelCite. This HIGH COURT judgment was delivered on 12 June 1990 before Godfrey, J.
Procedure — Amendment of statement of claim — Novel estoppel plea based on pre-contractual assumptions — Whether leave to amend should be granted — English and Australian law — Walton Stores (Interstate) Limited v. Meyer considered — Court holds that although novel and difficult, plea is arguable — Leave to amend granted to enable argument on merit — Plaintiff alleges Government induced reliance leading to breach and unconscionable conduct — Defendant opposes as no known cause of action and no factual basis — Court defers substantive legal determination to trial but grants amendment recognising formidable obstacles — Outcome: Amendment permitted, case to proceed on estoppel basis.
Legal issues: Application for leave to amend to raise estoppel plea
Outcome: Leave to amend the statement of claim to include the estoppel plea granted.