Justice cannot always be measured in moneyAuthors: Timothy Price
The High Court delivered a landmark judgment re-writing the generally applied case management principle that an order for costs occasioned by late amendments to pleadings would overcome injustice to the amending party’s opponent. In so doing the Court overturned previous authority (JL Holdings) and recognized ‘justice cannot always be measured in money’ when applying case management principles to determine whether or not a party should be permitted to raise a new argument at a late stage in proceedings.
Significant cases, legislation or articles referred to
- Aon Risk Services Australia v Australian National University  HCA 27
- Queensland v JL Holdings Pty Limited (1997) 189 CLR 146