UON Pty Ltd v Hoascar [2022] FCA 769

UON Pty Ltd v Hoascar [2022] FCA 769

Leave should not be refused merely because the proposed amendments changed the way the case was put, where the proceedings were not close to trial, no fundamental change or substantial prejudice was established, and most objections sought an unrealistically exacting level of precision. However, because some objections and clarifications had merit, the applicants/appellant were required to file further amended proposed pleadings reflecting the reasons before leave would be granted.

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Interlocutory Application for Leave to Amend Statement of Claim and Notice of Appeal in Related Intellectual Property Proceedings / Application for Leave to Amend Pleadings Before Trial; Proceedings Listed for Case Management Hearing
Outcome
No immediate order granting leave to amend was made. The applicants/appellant were directed to file and serve further amended minutes reflecting the reasons, with the proceedings listed for case management and costs reserved.
Legal Topics
['leave to Amend Pleadings' 'strike Out Objections' 'particularisation of Confidential Information' 'patent Opposition Appeal' 'novelty and Inventive Step' 'authorship and Originality in Copyright' 'springboard Relief']
['practice and Procedure' 'intellectual Property' 'patents' 'confidential Information' 'copyright'] ['leave to Amend Pleadings' 'strike Out Objections' 'particularisation of Confidential Information' 'patent Opposition Appeal' 'novelty and Inventive Step' 'authorship and Originality in Copyright' 'springboard Relief']

Case Brief

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Procedural Posture

Interlocutory Application for Leave to Amend Statement of Claim and Notice of Appeal in Related Intellectual Property Proceedings / Application for Leave to Amend Pleadings Before Trial; Proceedings Listed for Case Management Hearing

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim in the Confidentiality Proceeding and the notice of appeal in the Patent Appeal.' 'Whether the proposed Further Amended Substituted Statement of Claim was liable to be struck out for inadequate particularisation of confidential information, use, disclosure, copyright authorship or other material facts.' 'Whether asserted inconsistency between the proposed pleading and earlier affidavit evidence warranted refusing leave to amend.' 'Whether the proposed Further Amended Notice of Appeal was inadequately particularised as to novelty, prior public acts and inventive step combinations.']

Ratio Decidendi

Leave should not be refused merely because the proposed amendments changed the way the case was put, where the proceedings were not close to trial, no fundamental change or substantial prejudice was established, and most objections sought an unrealistically exacting level of precision. However, because some objections and clarifications had merit, the applicants/appellant were required to file further amended proposed pleadings reflecting the reasons before leave would be granted.

Court Disposition

No immediate order granting leave to amend was made. The applicants/appellant were directed to file and serve further amended minutes reflecting the reasons, with the proceedings listed for case management and costs reserved.

Orders

  • ['WAD 123 of 2021: By 4.00 pm AWST on 15 July 2022 the applicants must file and serve a minute of further amended substituted statement of claim reflecting these reasons.' 'WAD 123 of 2021: The proceeding is listed for a case management hearing at not before 9.30 am AWST on 20 July 2022.' 'WAD 123 of 2021: Costs...