Chief Disruption Officer Pty Ltd as Trustee for the McDonald Family Trust v Michel, in the matter of Laava ID Pty Ltd (No 2) [2022] FCA 249

Chief Disruption Officer Pty Ltd as Trustee for the McDonald Family Trust v Michel, in the matter of Laava ID Pty Ltd (No 2) [2022] FCA 249

Leave was granted because the proposed amendments corrected an admitted error, were based on unchallenged evidence, did not result in any demonstrated prejudice to the plaintiffs, and failure to grant leave would have forced the defendants to proceed on a formulation inconsistent with their instructions, contrary to the interests of justice.

Parties
First Plaintiff: Chief Disruption Officer Pty Ltd as Trustee for the McDonald Family Trust; Second Plaintiff: Iain James McDonald; First Defendant: Patrick Michel; Second Defendant: Anthony Surtees; Third Defendant: Wilemich Pty Ltd as Trustee for the Path Family Trust; Fourth Defendant: Mortgage Company of Australia Pty Limited as Trustee for the Surtees Family Trust; Fifth Defendant: Laava ID Pty Ltd; Sixth Defendant: Gavin Ger; Seventh Defendant: Wyargine Group Pty Ltd; Eighth Defendant: Lufrapa Pty Ltd as Trustee for the Lucette Michael Family Trust; Ninth Defendant: Robert Fitzpatrick
Jurisdiction
Australia
Judgment Date
09 March 2022
Procedural Posture
Commercial and Corporations (corporations and Corporate Insolvency) / Interlocutory Application for Leave to File Amended Defence
Outcome
Leave granted to the sixth, seventh and ninth defendants to file Amended Points of Defence.
Legal Topics
Leave to Amend Pleading, Withdrawal of Admission, Discretion to Amend Pleadings, Prejudice to Parties
Practice and Procedure Leave to Amend Pleading Withdrawal of Admission Discretion to Amend Pleadings Prejudice to Parties

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Parties

Chief Disruption Officer Pty Ltd as Trustee for the McDonald Family Trust

First Plaintiff

Iain James McDonald

Second Plaintiff

Patrick Michel

First Defendant

Anthony Surtees

Second Defendant

Wilemich Pty Ltd as Trustee for the Path Family Trust

Third Defendant

Mortgage Company of Australia Pty Limited as Trustee for the Surtees Family Trust

Fourth Defendant

Laava ID Pty Ltd

Fifth Defendant

Gavin Ger

Sixth Defendant

Wyargine Group Pty Ltd

Seventh Defendant

Lufrapa Pty Ltd as Trustee for the Lucette Michael Family Trust

Eighth Defendant

Robert Fitzpatrick

Ninth Defendant

Procedural Posture

Commercial and Corporations (corporations and Corporate Insolvency) / Interlocutory Application for Leave to File Amended Defence

Legal Issues

  1. 1 Whether leave should be granted to the sixth, seventh and ninth defendants to file Amended Points of Defence pursuant to rr 16.53 and 26.11(2) of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

Leave was granted because the proposed amendments corrected an admitted error, were based on unchallenged evidence, did not result in any demonstrated prejudice to the plaintiffs, and failure to grant leave would have forced the defendants to proceed on a formulation inconsistent with their instructions, contrary to the interests of justice.

Court Disposition

Leave granted to the sixth, seventh and ninth defendants to file Amended Points of Defence.

Orders

  • Leave is granted to the sixth, seventh and ninth defendants to file Amended Points of Defence in the form annexed to the affidavit of Carrie Peterson sworn 8 March 2022.