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High Court grants liberty to developers of a nursing home to amend their pleadings in a claim against a property owner, where a memorandum of understanding had been signed concerning the redevelopment of a hotel as a nursing home but the property owner had decided not to proceed with it, on the grounds that: (a) new information had come to light after the close of pleadings that suggested the property owner had already been in discussions concerning the sale of the property to a third party; (b) the new information was relevant to the claim, and to an application made by the developers for discovery; and (c) the amendments to the pleadings were not frivolous in that, if proven, they were not bound to fail.
Application to amend pleadings - claim by provider of nursing home care - signature of a 'memorandum of understanding' - redevelopment of former hotel as a nursing home - expenses incurred in reliance on memorandum - decision by property owner not to proceed with project - alleged agreement that defendant would reimburse costs and expenses - failure to reimburse - increase in value of lands by reason of works by plaintiffs - whether MoU was binding - subject to contract - discovery - purchase of relevant property by third party - discovery of purchase by plaintiff - whether amendments were necessary.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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