Principle

CIVIL PROCEDURE – Pleadings – Amendment of Pleadings – Amendment Designed to Overreach

Area of law
CIVIL PROCEDURE
Court
Supreme Court

An amendment designed to overreach—to defeat a specific ground of appeal or to "knock off the legs of the table"—will be refused. The timing of the application is significant; if sought after reading the opponent's brief, an improper motive may be inferred. The court will…

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