The defendant Mondconsult sought leave to amend its Statement of Defence and Crossclaim to add a breach of contract claim against co-defendant 7 Brighton for failing to obtain wrap-up insurance. 7 Brighton opposed the motion, arguing the amendment introduced a new cause of action outside the limitation period.
The court found the proposed amendment was a new claim and that Mondconsult, with reasonable diligence, ought to have discovered the failure to obtain insurance when served with the Statement of Claim over three years prior.
The motion was dismissed as the claim was statute-barred.
