Lifeplan Australia Friendly Society Ltd v Woff [2014] FCA 559

Lifeplan Australia Friendly Society Ltd v Woff [2014] FCA 559

Leave to amend was granted because the proposed amendments clarified Lifeplan's complaint about post-MSA conduct and alleged benefits, and the respondents' objections either mischaracterised the pleading or raised merits matters for trial. Standard discovery was appropriate against FPA despite its liquidation because FPA had not given discovery, held relevant accounting and agreement documents, and its activities were relevant to pleaded causes of action. Particular discovery was appropriate against Mr Woff, Mr Corby and Foresters because the requested categories, subject to limitations, were sufficiently identified, relevant to the pleaded issues and to the account of profits exercise,...

Jurisdiction
Australia
Judgment Date
30 May 2014
Procedural Posture
Practice and Procedure Interlocutory Application / Application for Leave to Amend the Amended Statement of Claim and for Discovery and Production Orders
Outcome
Application for leave to amend granted; orders for standard discovery against FPA and particular discovery against the other respondents to be made; application adjourned for the making of orders.
Legal Topics
['leave to Amend Statement of Claim' 'standard Discovery' 'particular Discovery' 'discovery Against Company in Liquidation' 'federal Court Rules 2011 (cth) R 20.21' 'account of Profits Evidence']
['practice and Procedure' 'civil Procedure'] ['leave to Amend Statement of Claim' 'standard Discovery' 'particular Discovery' 'discovery Against Company in Liquidation' 'federal Court Rules 2011 (cth) R 20.21' 'account of Profits Evidence']

Case Brief

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Procedural Posture

Practice and Procedure Interlocutory Application / Application for Leave to Amend the Amended Statement of Claim and for Discovery and Production Orders

Legal Issues

  1. 1 ['Whether the applicants should have leave to amend their Amended Statement of Claim to plead conduct and alleged benefits after termination of the Marketing & Services Agreement.' 'Whether orders for standard discovery should be made against the third respondent, which was in liquidation.' 'Whether orders for particular discovery should be made against the first, second and fourth respondents under r 20.21 of the Federal Court Rules 2011 (Cth).' 'Whether the categories of documents sought were sufficiently identified and relevant to the issues, including documents required for expert evidence on an account of profits.']

Ratio Decidendi

Leave to amend was granted because the proposed amendments clarified Lifeplan's complaint about post-MSA conduct and alleged benefits, and the respondents' objections either mischaracterised the pleading or raised merits matters for trial. Standard discovery was appropriate against FPA despite its liquidation because FPA had not given discovery, held relevant accounting and agreement documents, and its activities were relevant to pleaded causes of action. Particular discovery was appropriate against Mr Woff, Mr Corby and Foresters because the requested categories, subject to limitations, were sufficiently identified, relevant to the pleaded issues and to the account of profits exercise,...

Court Disposition

Application for leave to amend granted; orders for standard discovery against FPA and particular discovery against the other respondents to be made; application adjourned for the making of orders.

Orders

  • ["The applicants' application dated 12 February 2014 be adjourned to Tuesday, 3 June 2014 at 2:15pm for the making of orders."]