Hafner, decd.; Olhausen v Powderley

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: Supreme Court

(S.C.),

Hafner, decd.; Olhausen

and

Powderley

Amendment - Application on day case listed though not reached - Amendment alleging fraud - Good grounds - Amendment allowed - Rules of Supreme Court, 1905, Or. XXVIII, r. 1.

An application for leave to amend pleadings is not made at the hearing because it is made on the day the case is listed for hearing unless the case has actually come to hearing. An amendment alleging fraud will be allowed if the Court is satisfied on the material before it that the plaintiff has bona fide grounds for adding such allegations.