George Patterson Y&R Pty Limited v Heraghty [2009] FCA 254

George Patterson Y&R Pty Limited v Heraghty [2009] FCA 254

Leave to amend and join YRB as fourth plaintiff is granted as prejudice to defendants does not outweigh the risk of multiplicity of proceedings and inconsistent findings. Stringent conditions, including costs thrown away on indemnity basis and payment forthwith, are imposed due to plaintiffs' change in commercial approach.

Jurisdiction
Australia
Judgment Date
19 March 2009
Procedural Posture
Application for Leave to Amend and Join Party / Interlocutory
Outcome
Leave granted for amendment and joinder subject to conditions.
Legal Topics
['joinder of Parties' 'amendment of Pleadings' 'indemnity Costs' 'discovery']
['practice and Procedure'] ['joinder of Parties' 'amendment of Pleadings' 'indemnity Costs' 'discovery']

Case Brief

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Procedural Posture

Application for Leave to Amend and Join Party / Interlocutory

Legal Issues

  1. 1 ['Whether leave should be granted to join Young & Rubicam Brands Holding Pty Limited as fourth plaintiff' 'Whether plaintiffs should be allowed to amend statement of claim' 'What conditions should be imposed including costs']

Ratio Decidendi

Leave to amend and join YRB as fourth plaintiff is granted as prejudice to defendants does not outweigh the risk of multiplicity of proceedings and inconsistent findings. Stringent conditions, including costs thrown away on indemnity basis and payment forthwith, are imposed due to plaintiffs' change in commercial approach.

Court Disposition

Leave granted for amendment and joinder subject to conditions.

Orders

  • ['Plaintiffs have leave to file Further Amended Application and Statement of Claim in specified form.' 'Plaintiffs to file and serve amended documents on 23 March 2009.' 'Plaintiffs have leave to join Young & Rubicam Brands Holding Pty Limited as Fourth Plaintiff.' "Plaintiffs to pay defendants' costs thrown away by...