Electronic Tracking Systems Pty Limited & Anor v Metrocall Inc (Successor by Merger to ProNet Inc) & Ors [2002] NSWIRComm 74

Electronic Tracking Systems Pty Limited & Anor v Metrocall Inc (Successor by Merger to ProNet Inc) & Ors [2002] NSWIRComm 74

Leave to amend was granted because, applying the principle that justice is paramount, the proceedings were still effectively at their commencement since the respondent had not filed its response; many amendments merely particularised existing claims; although some new claims required investigation, the respondent did not show that they would have altered its earlier jurisdictional challenge or the jurisdictional decisions already made; and amendment relating to Mr Miller was likely once he had been joined as an applicant.

Jurisdiction
Australia
Judgment Date
17 April 2002
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Reasons for Granting Leave to Amend Summons and Join Respondents on Notice of Motion
Outcome
Leave granted to amend the summons and to join Mr Jackie Kimzey and Mr Dave Vucina; costs of the motion to be costs in the cause.
Legal Topics
['amendment of Summons' 'joinder' 'costs in the Cause' 'delay' 'conciliation']
['industrial Relations' 'practice and Procedure'] ['amendment of Summons' 'joinder' 'costs in the Cause' 'delay' 'conciliation']

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

Application Under S106 of the Industrial Relations Act 1996 / Reasons for Granting Leave to Amend Summons and Join Respondents on Notice of Motion

Legal Issues

  1. 1 ["Whether leave should be granted to amend the summons filed in November 1998 despite the first respondent's objection." 'Whether the proposed amendments would cause unfairness or prejudice given the time elapsed since the application and events in question.' 'Whether the proposed joinder of Mr Jackie Kimzey and Mr Dave Vucina should be permitted.']

Ratio Decidendi

Leave to amend was granted because, applying the principle that justice is paramount, the proceedings were still effectively at their commencement since the respondent had not filed its response; many amendments merely particularised existing claims; although some new claims required investigation, the respondent did not show that they would have altered its earlier jurisdictional challenge or the jurisdictional decisions already made; and amendment relating to Mr Miller was likely once he had been joined as an applicant.

Court Disposition

Leave granted to amend the summons and to join Mr Jackie Kimzey and Mr Dave Vucina; costs of the motion to be costs in the cause.

Orders

  • ['Leave granted to the applicants to amend the summons originally filed in November 1998.' 'Mr Jackie Kimzey and Mr Dave Vucina joined as respondents to the proceedings.' 'Costs of the motion are to be costs in the cause of the application.' 'The matter listed for conciliation at 4pm on 16 May.' 'Directions given...