Case law
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Division and case type: CivilCivil Appeal
…Apart from these provisions, the Court had wide powers of amendment and should exercise those powers in order to be able to arrive at a correct decision in the case and to nally determine the controversy between the parties…
…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…
Division and case type: CivilCivil Case
…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…
…Under the law as it was conceived to be before the amendment, such a mistake was considered to be in no circumstances a sufficient ground.…
Division and case type: CivilCivil Appeal
…advertised on the same day as service was effected on the company, that is to say August 31, 1983, whereas, as Mr Englehart pointed out at the beginning of his submissions, the requirement by the then recently introduced amendment…
…It was, I think, common ground that at the time the petition was advertised, it did not comply with rule 23 as it was after the 1983 amendment, which requires advertisement not less than seven days after its service on the…