427Amendment of endorsement or pleadings

427 Amendment of endorsement or pleadings

(1)  At any time before judgment, the Court or a judge may grant leave to a party to amend any process or pleading in such a manner and on such terms as may be just.

(2)  Subject to subrule (3) , the pleadings may be amended as necessary for the purpose of determining the real questions in controversy between the parties.

(2A)  [Rule 427 Subrule (2A) amended by S.R. 2004, No. 56, Applied:21 Jul 2004] [Rule 427 Subrule (2A) inserted by S.R. 2003, No. 28, Applied:07 May 2003] The Court or judge, despite the expiry of any relevant limitation period after the day on which proceedings commenced, may grant leave under subrule (1) if it is satisfied that any other party to the proceedings would not, as a result of granting leave, be prejudiced in the conduct of his or her claim or defence in a way that could not be fairly met by an adjournment, an award of costs or otherwise.

(3)  If, at the trial of a proceeding to which Division 1 of Part 14 applies, an application is made for leave to amend a pleading, the Court or judge, if the amendment would cause the postponement or adjournment of the trial, may refuse the application in order to protect the integrity of the case management system as it is implemented by these rules and to implement the requirement that trials proceed at the appointed time, notwithstanding that any injustice to another party may have been avoided by an order for costs or some other order.

(4)  A party obtaining leave to amend a pleading, other than in the course of a trial which proceeds on the amended pleading, must amend the pleading within –

(a) any period fixed by the order; or

(b) if a period is not fixed, within 14 days of the order.

(5)  If a party does not amend a pleading within the period required by subrule (4) , the order granting leave to amend ceases to have effect on the expiration of that period, unless the Court or a judge extends the period.