Austshade Pty Ltd v Boss Shade Pty Ltd (No 3) [2016] FCA 663

Austshade Pty Ltd v Boss Shade Pty Ltd (No 3) [2016] FCA 663

Leave to amend pleadings should be granted to enable recovery of a debt of $1,050 owing under the deed, as denial would be unjust and contrary to s 22 of the Federal Court Act; applicants failed to demonstrate entitlement to other relief and must pay respondents’ costs.

Parties
First Applicant: Austshade Pty Ltd; Second Applicant: Ekkehard Siegfried Hartmut Koehn; First Respondent: Boss Shade Pty Ltd; Second Respondent: Bauer Investments Pty Ltd; Third Respondent: Holger Bauer; Fourth Respondent: Bernhel Pty Ltd trading as Roll-A-Shade; Fifth Respondent: Stefan Bauer
Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Originating Application for Recovery of Debt, Amendment to Pleadings / Post Judgment, on Papers
Outcome
Leave granted to amend pleadings to add claim for $1,050 debt; applicants to pay respondents' costs; action otherwise dismissed.
Legal Topics
Amendment of Pleadings, Recovery of Debt, Costs
Intellectual Property Civil Procedure Amendment of Pleadings Recovery of Debt Costs

Case Brief

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Parties

Austshade Pty Ltd

First Applicant

Ekkehard Siegfried Hartmut Koehn

Second Applicant

Boss Shade Pty Ltd

First Respondent

Bauer Investments Pty Ltd

Second Respondent

Holger Bauer

Third Respondent

Bernhel Pty Ltd trading as Roll-A-Shade

Fourth Respondent

Stefan Bauer

Fifth Respondent

Procedural Posture

Originating Application for Recovery of Debt, Amendment to Pleadings / Post Judgment, on Papers

Legal Issues

  1. 1 Whether leave should be granted to amend the pleadings to claim an outstanding debt of $1,050 owed under a deed
  2. 2 Whether the applicant is entitled to recovery of the debt
  3. 3 Whether the applicants should pay the respondents’ costs

Ratio Decidendi

Leave to amend pleadings should be granted to enable recovery of a debt of $1,050 owing under the deed, as denial would be unjust and contrary to s 22 of the Federal Court Act; applicants failed to demonstrate entitlement to other relief and must pay respondents’ costs.

Court Disposition

Leave granted to amend pleadings to add claim for $1,050 debt; applicants to pay respondents' costs; action otherwise dismissed.

Orders

  • Leave granted to file and serve further amended originating application and statement of claim limited to recovery of $1,050 debt.
  • Further amended documents to be filed and served within 7 days of reasons.