Schutz DSL (Australia) Pty Ltd v VIP Plastic Packaging Pty Ltd (No 9) [2011] FCA 1087

Schutz DSL (Australia) Pty Ltd v VIP Plastic Packaging Pty Ltd (No 9) [2011] FCA 1087

Leave to amend pleadings is granted to both applicants and respondents as the amendments seek to clarify the factual position or put forward additional legal matters already foreshadowed in the existing pleadings. Corrections and further particulars are timely, based on evidence, and will not cause injustice or real prejudice; any hardship can be compensated with costs orders. No procedural or substantive unfairness will be occasioned by the amendments or withdrawal of admissions.

Jurisdiction
Australia
Judgment Date
21 September 2011
Procedural Posture
Interlocutory Application / Application for Leave to Amend Pleadings and Withdraw Admissions
Outcome
Leave to amend pleadings granted to both applicants and respondents, subject to costs orders for any costs thrown away by reason of the amendments.
Legal Topics
['amendment of Pleadings' 'withdrawal of Admissions' 'admissions' 'trade Marks' 'patent Invalidity' 'misleading and Deceptive Conduct']
['practice and Procedure' 'intellectual Property'] ['amendment of Pleadings' 'withdrawal of Admissions' 'admissions' 'trade Marks' 'patent Invalidity' 'misleading and Deceptive Conduct']

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 / Application for Leave to Amend Pleadings and Withdraw Admissions

Legal Issues

  1. 1 ['Whether leave should be granted to amend pleadings to correct factual error regarding use of ECODRUM trademark in Australia' 'Whether the proposed pleading amendment constitutes withdrawal of an admission' 'Whether leave should be granted to amend particulars of invalidity and defence, including raising new defences under s 144 Patents Act' 'Whether there is prejudice or injustice to the other party from amendment or withdrawal of admission']

Ratio Decidendi

Leave to amend pleadings is granted to both applicants and respondents as the amendments seek to clarify the factual position or put forward additional legal matters already foreshadowed in the existing pleadings. Corrections and further particulars are timely, based on evidence, and will not cause injustice or real prejudice; any hardship can be compensated with costs orders. No procedural or substantive unfairness will be occasioned by the amendments or withdrawal of admissions.

Court Disposition

Leave to amend pleadings granted to both applicants and respondents, subject to costs orders for any costs thrown away by reason of the amendments.

Orders

  • ["Applicants/cross-respondents' motion to amend the Third Further Statement of Claim allowed." 'Leave to file Fourth Further Amended Statement of Claim in terms of the draft document dated 3 June 2011.' 'Fourth Further Amended Statement of Claim to be filed within 14 days.' "Applicants to pay any costs thrown away...