ANGUS PARTNERSHIP INC v SALVATION ARMY

The Appellants brought two Appeals, one of which was from the Case Management Judge’s refusal to allow amendments to the Statement of Claim. The Case Management Judge denied amendments to certain paragraphs because they were not relevant to the Appellants’ allegations.

The Court of Appeal stated that, pursuant to Rule 13.6(2) and Rule 3.68(2)(c), relevance is the foundation of pleadings, and is a ground for denying an amendment to a pleading. The Court of Appeal held that the Case Management Judge did not err in law, but some of the proposed amendments ought to have been permitted because they were relevant. The Appeal was allowed in part.