http://www.austlii.edu.au/au/cases/vic/VSC/2013/489.html
PRACTICE AND PROCEDURE – PLEADINGS – application to amend pleadings at trial – relevant principles governing court’s discretion to grant leave to amend – role and function of pleadings – delay in seeking leave to amend – whether 1st defendant taken by surprise – whether 1st defendant likely to suffer irremediable prejudice – leave granted – Supreme Court (General Civil Procedure) Rules 2005, r 36.01(1)(a) – Civil Procedure Act 2010 (Vic), ss 1(c), 7(1).