Herold v Seally (No 4) [2017] FCA 957

Herold v Seally (No 4) [2017] FCA 957

The applicants' proposed pleadings, while perhaps not ideal in form, do not suffer from the fatal defects asserted by the respondents and should not be struck out. The applicants are entitled to proceed with their proposed amended statement of claim.

Parties
First Applicant: Lars Herold; Second Applicant: Green Light Group Pte Ltd (Singapore Company Registration No 20121505Z); First Respondent: Jonathon Seally; Second Respondent: Podway Ltd
Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Application for Leave to Amend Statement of Claim / Interlocutory Decision on Application for Leave to Amend
Outcome
Leave to amend statement of claim granted; respondents to pay applicants' costs of the application.
Legal Topics
Amendment of Pleadings, Trade Marks, Copyright, Australian Consumer Law
Practice and Procedure Intellectual Property Amendment of Pleadings Trade Marks Copyright Australian Consumer Law

Case Brief

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Parties

Lars Herold

First Applicant

Green Light Group Pte Ltd (Singapore Company Registration No 20121505Z)

Second Applicant

Jonathon Seally

First Respondent

Podway Ltd

Second Respondent

Procedural Posture

Application for Leave to Amend Statement of Claim / Interlocutory Decision on Application for Leave to Amend

Legal Issues

  1. 1 Whether leave should be granted for applicants to file an amended statement of claim including claims under Australian Consumer Law
  2. 2 Whether proposed pleadings are vexatious, embarrassing, or liable to be struck out

Ratio Decidendi

The applicants' proposed pleadings, while perhaps not ideal in form, do not suffer from the fatal defects asserted by the respondents and should not be struck out. The applicants are entitled to proceed with their proposed amended statement of claim.

Court Disposition

Leave to amend statement of claim granted; respondents to pay applicants' costs of the application.

Orders

  • The applicants be granted leave to file an amended statement of claim in the form provided by email to the associate to Justice Bromwich on 9 August 2017.
  • The respondents pay the applicants' costs of and incidental to the application for leave to file the amended statement of claim.