In Body Corporate for Kuranda Resort Accommodation v Cairns Tropical Resort Pty Ltd [2024] QSC 121, the Body Corporate for Kuranda Resort Accommodation CTS 30745 (the Plaintiff) filed a claim against Cairns Tropical Resort Pty Ltd (the Defendant) for unpaid levy contributions among other claims. The defendant sought to amend its defense to add new substantive matters just over two weeks before the trial. Despite the defendant’s offer to pay the plaintiff’s costs related to the amendment, the court dismissed this application, primarily because the amendment would jeopardise the set trial date and the defendant did not comply with previous court orders about filing and serving materials. The delay and procedural inefficiencies on the part of the defendant contributed significantly to the court’s decision. Freeburn J emphasised the importance of progressing litigation efficiently and the potential prejudice to the plaintiff, given the long-standing nature of the debt claims.
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