Wyzenbeek v Australasian Marine Imports Pty Ltd [2017] FCA 1460

Wyzenbeek v Australasian Marine Imports Pty Ltd [2017] FCA 1460

Leave was granted to the applicants to amend the statement of claim, as the amendments did not substantially broaden the case, the respondents had adequate notice, and no significant prejudice resulted. However, the claim against the fifth respondent (Mr Gay) for knowing involvement in contraventions was hopelessly pleaded and was struck out for failure to disclose a reasonable cause of action.

Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Interlocutory Application / Ruling on Application to Amend Statement of Claim After Commencement of Trial
Outcome
Applicants granted leave to file Third Further Amended Statement of Claim except for one paragraph; particular claim against fifth respondent struck out; costs adjourned.
Legal Topics
['amendment of Pleadings' 'misleading or Deceptive Conduct' 'admiralty and Maritime' 'federal Court of Australia Practice' 'pleadings—adequacy and Particulars' 'case Management' 'accessory Liability Under Trade Practices Act']
['practice and Procedure'] ['amendment of Pleadings' 'misleading or Deceptive Conduct' 'admiralty and Maritime' 'federal Court of Australia Practice' 'pleadings—adequacy and Particulars' 'case Management' 'accessory Liability Under Trade Practices Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Ruling on Application to Amend Statement of Claim After Commencement of Trial

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim after the commencement of the hearing' "Whether particulars of the statement of claim adequately reflected the applicants' case" 'Whether there is prejudice to respondents from the amendment' 'Whether adequate causation is pleaded in a trade practices claim' 'Whether the pleading against the fifth respondent (Mr Gay) for knowing involvement is appropriate']

Ratio Decidendi

Leave was granted to the applicants to amend the statement of claim, as the amendments did not substantially broaden the case, the respondents had adequate notice, and no significant prejudice resulted. However, the claim against the fifth respondent (Mr Gay) for knowing involvement in contraventions was hopelessly pleaded and was struck out for failure to disclose a reasonable cause of action.

Court Disposition

Applicants granted leave to file Third Further Amended Statement of Claim except for one paragraph; particular claim against fifth respondent struck out; costs adjourned.

Orders

  • ['Pursuant to r 16.53 of the Federal Court Rules 2011 (Cth) the applicants have leave to file the Third Further Amended Statement of Claim as attached to the affidavit of Robert Anthony Silberstein dated 5 October 2017.' 'Paragraph 56 of the Third Further Amended Statement of Claim be struck out pursuant to r 16.21...