Doran, M.A. & Anor v Cottam, M.A. & Ors [1995] FCA 274

Doran, M.A. & Anor v Cottam, M.A. & Ors [1995] FCA 274

The proposed re-amended statement of claim, as progressively amended, was not shown to be futile or so defective that leave should be refused. The respondents would be able to understand the essentials of the case, further and better particulars could address many complaints, and the real questions in issue should be decided at trial. Leave to amend was therefore granted.

Jurisdiction
Australia
Judgment Date
10 March 1995
Procedural Posture
Motion for Leave to Re Amend Statement of Claim in Proceeding for Damages for Misleading or Deceptive Conduct / Interlocutory Application
Outcome
Applicants granted leave to amend the statement of claim; respondents awarded costs thrown away and motion costs in the cause.
Legal Topics
['amendment to Statement of Claim' 'misleading or Deceptive Conduct' 'futility of Proposed Amendments' 'pleadings and Particulars' 'representations as to Future Matters']
['practice and Procedure' 'trade Practices'] ['amendment to Statement of Claim' 'misleading or Deceptive Conduct' 'futility of Proposed Amendments' 'pleadings and Particulars' 'representations as to Future Matters']

Case Brief

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Procedural Posture

Motion for Leave to Re Amend Statement of Claim in Proceeding for Damages for Misleading or Deceptive Conduct / Interlocutory Application

Legal Issues

  1. 1 ['Whether the applicants should have leave to re-amend the statement of claim.' "Whether the respondents' objections showed that the proposed amendments were futile or so defective as pleadings that they should not be allowed." 'Whether alleged deficiencies in particulars and causal connection should prevent the amendments from being allowed.']

Ratio Decidendi

The proposed re-amended statement of claim, as progressively amended, was not shown to be futile or so defective that leave should be refused. The respondents would be able to understand the essentials of the case, further and better particulars could address many complaints, and the real questions in issue should be decided at trial. Leave to amend was therefore granted.

Court Disposition

Applicants granted leave to amend the statement of claim; respondents awarded costs thrown away and motion costs in the cause.

Orders

  • ['The applicants have leave to amend the statement of claim in terms of the minute of proposed re-amended statement of claim filed 25 November 1994 and amended on 28 February 1995.' "The applicants pay any costs thrown away by the respondents as a consequence of the above amendments. The costs of the motion...