Tycoon Holding Pty Ltd & Anor v Trencor Jetco Inc & Anor [1995] FCA 232

Leave to amend was granted because, although the proposed amended pleading was unusually detailed and required further refinement, it was not so prolix or embarrassing as to justify refusal and the proposed contractual, negligence, statutory, damages and pre-incorporation claims were arguable matters for trial rather than claims so hopeless that they should be summarily disallowed on the amendment motion.

Jurisdiction: Australia
Judgment Date: 05 April 1995
Procedural Posture: Civil Proceeding Seeking Damages Arising Out of the Supply of a Trencher / Applicants' Motion for Leave to Amend the Application and Statement of Claim
Outcome: Applicants granted leave to amend the application and statement of claim in principle in terms of the draft filed on 10 June 1994, subject to further amendments and refinements.
Legal Topics: ['leave to Amend Statement of Claim' 'new Claims Against Corporation Outside Jurisdiction' 'collateral Contracts' 'variation of Contract' 'pre Incorporation Representations, Actions and Statements' 'ratification or Acceptance by Corporation' 'duty of Care in Manufacture and Supply of Machinery' 'embarrassing and Prolix Pleadings' 'adequacy of Pleading Damages' 'ministerial Consent for Extra Australian Conduct' 'fraudulent Misrepresentation']

['practice and Procedure' 'corporations' 'contracts' 'negligence' 'pleading' 'damages' 'trade Practices' 'fair Trading' 'sale of Goods' 'hire Purchase' 'fraud'] ['leave to Amend Statement of Claim' 'new Claims Against Corporation Outside Jurisdiction' 'collateral Contracts' 'variation of Contract' 'pre Incorporation Representations, Actions and Statements' 'ratification or Acceptance by Corporation' 'duty of Care in Manufacture and Supply of Machinery' 'embarrassing and Prolix Pleadings' 'adequacy of Pleading Damages' 'ministerial Consent for Extra Australian Conduct' 'fraudulent Misrepresentation']

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Procedural Posture

Civil Proceeding Seeking Damages Arising Out of the Supply of a Trencher / Applicants' Motion for Leave to Amend the Application and Statement of Claim

Legal Issues

1 ['Whether leave should be granted to amend the statement of claim to add or modify claims against Jetco and Mole.' 'Whether the proposed amended pleading disclosed reasonable causes of action or was so prolix or embarrassing that leave should be refused.' 'Whether alleged collateral contracts or contractual variations involving Jetco and Mole were arguable.' 'Whether negligence claims were sufficiently pleaded, including duties owed in relation to the design, manufacture, maintenance and repair of the trencher.' 'Whether damages were inadequately pleaded because they were pleaded globally or by reference to a contractual measure.' "Whether claims could rely on acts, representations or conduct before Tycoon's incorporation." 'Whether ministerial consent was required before pleading extra-Australian conduct in Trade Practices Act claims.']

Ratio Decidendi

Court Disposition

Applicants granted leave to amend the application and statement of claim in principle in terms of the draft filed on 10 June 1994, subject to further amendments and refinements.

Orders

['Leave to the applicants to amend the application and statement of claim in principle in terms of the draft filed on 10 June 1994.' 'Further amendments are to be made as forecast or offered by the applicants during the hearing and as made necessary or desirable by the reasons for judgment.' 'If possible, short...