People Telecom Limited v Phatchat Pty Limited [2007] FCA 1566

People Telecom Limited v Phatchat Pty Limited [2007] FCA 1566

Leave to amend the cross-claims is granted on the condition that no claim under s 46 of the Trade Practices Act 1974 (Cth) may be made in these proceedings without leave; costs thrown away by the amendment are ordered to be paid by the cross-claimants but not immediately taxed and paid forthwith—the questions of costs are best dealt with at the end of the proceedings due to overlap between claims.

Jurisdiction
Australia
Judgment Date
09 October 2007
Procedural Posture
Interlocutory Application Within Civil Proceedings / Application for Leave to Amend Cross Claims and for Costs Orders
Outcome
Interlocutory orders for leave to amend and as to costs
Legal Topics
['amendment of Pleadings' 'interlocutory Costs' 'trade Practices Act S 46' 'anshun Estoppel']
['civil Procedure'] ['amendment of Pleadings' 'interlocutory Costs' 'trade Practices Act S 46' 'anshun Estoppel']

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Procedural Posture

Interlocutory Application Within Civil Proceedings / Application for Leave to Amend Cross Claims and for Costs Orders

Legal Issues

  1. 1 ['Terms upon which amendments to remove a s 46 Trade Practices Act claim should be permitted' 'Whether costs thrown away by the amendment should be taxed and paid forthwith']

Ratio Decidendi

Leave to amend the cross-claims is granted on the condition that no claim under s 46 of the Trade Practices Act 1974 (Cth) may be made in these proceedings without leave; costs thrown away by the amendment are ordered to be paid by the cross-claimants but not immediately taxed and paid forthwith—the questions of costs are best dealt with at the end of the proceedings due to overlap between claims.

Court Disposition

Interlocutory orders for leave to amend and as to costs

Orders

  • ['The cross-claimants uplift from the Court file the second amended first cross-claim and the second amended second cross-claim filed 25 September 2007.' 'The cross-claimants have leave to file a marked up second amended first cross-claim and a marked up second amended second cross-claim in the form circulated on 8...