The court clarified that amendments to pleadings must arise from existing claims and should not introduce new causes of action that may cause injustice or undue prejudice to the opposing party.

JUDGMENT

Maidzuara Mohammed JC:

[1] Enclosure 78 was a notice of application filed by the Plaintiff to re-amend the Amended Statement of Claim.

[2] On 29 January 2019, the Plaintiff commenced this action against the Defendants.

[3] The Plaintiff brought this action against the Defendants as (1) the administrator of the estate of his son, deceased and as (2) a dependent of his son, deceased.

[4] The statement of claim was amended on 12 June 2020. In the Amended Statement of Claim, the Plaintiff pleaded special damages in the form of the Plaintiff's own loss of income.

[5] Enclosure 78 was the Plaintiff's application for leave to reamend the Amended Statement of Claim as per the proposed reamendments to the Amended Statement of Claim.

[6] The proposed re-amendments (as underlined) were as set out in the proposed Re-amended Statement of Claim and were as follows:

"37. In consequence, the Plaintiff, by reason by the said wrongful acts of the Defendants has suffered loss and damage, including:

(i) Loss of family love and affection; and

(ii) Irreparable psychological harm and trauma, which:-

(a) led to his loss of earnings totalling AUD 237,666-67 between August 2016 and May 2020 (approximately AUD 5,166-67 per month); and

(b) has affected his ability to continue working to the same capacity and extent from June 2020 onwards, and for which the Plaintiff has been seeking medical and psychiatric care in Australia.

38. The Plaintiff shall provide particulars of the losses pleaded in para 37(ii)(a) above in the course of discovery or prior to or at trial.

AND the Plaintiff prays against the Defendants as follows:

(i) Special Damages as particularized at para 37(ii)(a) above;

(ii) General Damages (as particularized at paras 37(i) and (ii)(b) above):

(a) As against the 1st to 15th Defendants, damages for breach of contract, breach of statutory duty, negligence and breach of the Undertaking;?

(b) As against the 16th Defendant to 34th Defendants, damages for breach of contract and negligence;

(c) As against the 2nd Defendant, damages for breach of the Undertaking."

[7] Enclosure 78 was supported by encl 79.

[8] In encl 79, in para 9, the Plaintiff averred that the proposed re-amendments to the Amended Statement of Claim were to "particularize my claim for Special Damages by stating the exact sum of my loss of earnings between August 2016 and May 2020 (that head of claim of Special Damages had already been pleaded in my Amended Statement of Claim dated 12 June 2020)..."

[9] A review of the proposed re-amendments showed that the proposed re-amendments were to:

(1) add particulars to the Plaintiff's claim for special damages namely the Plaintiff's own loss of income.

As the Writ was issued on 29 January 2019, and this claim was for special damages, the period involved was from August 2016 until 29 January 2019.

(2) include a claim for general damages namely the Plaintiff's own loss of earning capacity.

As this claim was for general damages, the period involved was after the issuance of the writ (29 January 2019). According to the Plaintiff, the period involved was until 2034 (the year in which he is due to retire at the age of 65).

Approach By The High Court

[10] Order 20 r 5 of the Rules of (" ROC ") 2012 states that:

"Amendment of writ or pleading with leave (O 20, r 5)

5. (1) Subject to O 15, rr 6, 6A, 7 and 8 and the following provisions of this rule, the Court may at any stage of the proceedings allow the plaintiff to amend his writ, or any party to amend his pleading, on such terms as to costs or otherwise as may be just and in such a manner, if any, as it may direct.

(2) Where an application to the Court for leave to make the amendment mentioned in paragraph (3), (4) or (5) is made after any relevant period of limitation current at the date of the issue of the writ has expired, the Court may nevertheless grant such leave in the circumstances mentioned in that paragraph if it thinks it just to do so.

(3) An amendment to correct the name of a party may be allowed under