JOSSON P/L & ANOR v. ENVOTEC P/L & 2 ORS [2002] NSWSC 500

JOSSON P/L & ANOR v. ENVOTEC P/L & 2 ORS [2002] NSWSC 500

The plaintiffs were entitled to an opportunity to redraft the proposed Amended Statement of Claim because many alternative claims were capable of being pleaded and understood, but the constructive trust, Barnes v. Addy recipient liability and unjust enrichment allegations were not fairly arguable or sufficiently pleaded and should not be included in their proposed form. Service on the third defendant was authorised because the claims were sufficiently connected with a New South Wales contract and, in any event, the third defendant was properly joined with defendants served in New South Wales; the third defendant did not establish that New South Wales was a clearly inappropriate forum.

Jurisdiction
Australia
Judgment Date
05 June 2002
Procedural Posture
Application for Leave to Amend Statement of Claim and Application by Third Defendant to Set Aside Service or Decline Jurisdiction / Interlocutory Motions
Outcome
Plaintiffs given an opportunity to produce a Further Proposed Amended Statement of Claim redrafted in accordance with the reasons; the motions were not finally disposed of.
Legal Topics
['leave to Amend Pleadings' 'alternative Pleadings' 'service Outside Australia' 'inappropriate Forum' 'constructive Trust' 'barnes V. Addy Recipient Liability' 'unjust Enrichment' 'misleading and Deceptive Conduct']
['practice and Procedure' 'private International Law' 'contract Law' 'trade Practices' 'equity'] ['leave to Amend Pleadings' 'alternative Pleadings' 'service Outside Australia' 'inappropriate Forum' 'constructive Trust' 'barnes V. Addy Recipient Liability' 'unjust Enrichment' 'misleading and Deceptive Conduct']

Case Brief

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Procedural Posture

Application for Leave to Amend Statement of Claim and Application by Third Defendant to Set Aside Service or Decline Jurisdiction / Interlocutory Motions

Legal Issues

  1. 1 ['Whether the plaintiffs should have leave to amend the Statement of Claim under the Supreme Court Rules 1970 (NSW).' 'Whether proposed alternative allegations were permissible and sufficiently intelligible.' 'Whether proposed constructive trust and Barnes v. Addy recipient liability allegations were fairly arguable.' 'Whether proposed unjust enrichment allegations were sufficiently pleaded or fairly arguable.' 'Whether service of originating process on the third defendant outside Australia was authorised by Pt.10 r.1A of the Supreme Court Rules 1970 (NSW).' 'Whether New South Wales was a clearly inappropriate forum for the proceedings against the third defendant.']

Ratio Decidendi

The plaintiffs were entitled to an opportunity to redraft the proposed Amended Statement of Claim because many alternative claims were capable of being pleaded and understood, but the constructive trust, Barnes v. Addy recipient liability and unjust enrichment allegations were not fairly arguable or sufficiently pleaded and should not be included in their proposed form. Service on the third defendant was authorised because the claims were sufficiently connected with a New South Wales contract and, in any event, the third defendant was properly joined with defendants served in New South Wales; the third defendant did not establish that New South Wales was a clearly inappropriate forum.

Court Disposition

Plaintiffs given an opportunity to produce a Further Proposed Amended Statement of Claim redrafted in accordance with the reasons; the motions were not finally disposed of.

Orders

  • ['Plaintiffs may produce a further amendment and renew their application for leave to amend.' 'Proposed allegations in paragraphs 59 to 72 concerning constructive trust and Barnes v. Addy recipient liability should not be included in an Amended Statement of Claim.' 'The unjust enrichment amendment in paragraph 73...