ThyssenKrupp Materials Handling Pty Ltd v Trans Global Projects Pty Ltd (No 1) [2014] FCA 817

ThyssenKrupp Materials Handling Pty Ltd v Trans Global Projects Pty Ltd (No 1) [2014] FCA 817

Leave to amend was granted because Mammoet's original cross-claim alleged an offer and an acceptance and did not state or admit that the standard terms and conditions document was separate from the contract; there was no substance in Trans Global's objection, the expert evidence was able to deal with the point, and Trans Global did not contend that it could not meet the allegation in time for trial.

Jurisdiction
Australia
Judgment Date
07 August 2014
Procedural Posture
Interlocutory Application / Application by Mammoet for Leave to Amend Its Defence and Statement of First Cross Claim
Outcome
Mammoet granted leave to file an amended defence and amended statement of cross-claim; Mammoet ordered to pay costs thrown away by reason of the amendments; Trans Global ordered to pay Mammoet's costs of the interlocutory application.
Legal Topics
['leave to Amend Pleadings' 'cross Claims' 'dutch Law Governing Contract' 'article 8:1102 of the Dutch Civil Code' 'costs Thrown Away by Amendments']
['civil Procedure' 'contract' 'transport Law' 'conflict of Laws'] ['leave to Amend Pleadings' 'cross Claims' 'dutch Law Governing Contract' 'article 8:1102 of the Dutch Civil Code' 'costs Thrown Away by Amendments']

Case Brief

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Procedural Posture

Interlocutory Application / Application by Mammoet for Leave to Amend Its Defence and Statement of First Cross Claim

Legal Issues

  1. 1 ["Whether Mammoet should be given leave to amend its defence to ThyssenKrupp's claim and its statement of first cross-claim against ThyssenKrupp and Trans Global." "Whether Mammoet's original pleading admitted that the standard terms and conditions were a separate document to the agreement." 'Whether the proposed amendments concerning oral acceptance, place of contract formation and incorporation of standard terms should be refused.']

Ratio Decidendi

Leave to amend was granted because Mammoet's original cross-claim alleged an offer and an acceptance and did not state or admit that the standard terms and conditions document was separate from the contract; there was no substance in Trans Global's objection, the expert evidence was able to deal with the point, and Trans Global did not contend that it could not meet the allegation in time for trial.

Court Disposition

Mammoet granted leave to file an amended defence and amended statement of cross-claim; Mammoet ordered to pay costs thrown away by reason of the amendments; Trans Global ordered to pay Mammoet's costs of the interlocutory application.

Orders

  • ['Mammoet has leave to file an amended defence in the form annexed to the affidavit of Danella Wilmshurst sworn 10 July 2014 at annexure DAW-1.' 'Mammoet has leave to file an amended statement of cross-claim in the form annexed to the affidavit of Danella Wilmshurst sworn 10 July 2014 at annexure DAW-1.' 'Such...