In the matter of Beverage Freight Services Pty Ltd [2019] NSWSC 1684

In the matter of Beverage Freight Services Pty Ltd [2019] NSWSC 1684

Leave was granted only for amendments consistent with the judgment. The Toll amendments were refused because they were sought far too late, the Plaintiffs gave no satisfactory explanation for not pleading them earlier despite disclosure of the Toll arrangements in 2017, the proposed pleading had significant difficulties, and the amendments would require further document production, lay evidence, expanded expert evidence, delay, cost, and would prejudice the Defendants contrary to the Civil Procedure Act 2005 (NSW) case management principles. The Schweppes Australia amendment was allowed because it was not opposed, and the loss of opportunity particular was allowed on the basis that it did...

Jurisdiction
Australia
Judgment Date
11 November 2019
Procedural Posture
Application for Leave to File an Amended Statement of Claim in the Equity Corporations List / Interlocutory Application to Amend Pleadings
Outcome
Leave granted in part to file an Amended Statement of Claim in a form consistent with the judgment; the proposed amendments introducing claims concerning Toll were not permitted; costs reserved.
Legal Topics
['pleadings' 'leave to Amend' 'overriding Purpose' 'delay and Prejudice' 'costs']
['civil Procedure' 'equity' 'corporations'] ['pleadings' 'leave to Amend' 'overriding Purpose' 'delay and Prejudice' 'costs']

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Procedural Posture

Application for Leave to File an Amended Statement of Claim in the Equity Corporations List / Interlocutory Application to Amend Pleadings

Legal Issues

  1. 1 ['Whether leave should be granted to file an Amended Statement of Claim introducing references to Schweppes Australia.' 'Whether leave should be granted to amend the pleading to introduce claims concerning a Toll Transport Pty Ltd subcontract or opportunity.' 'Whether the Plaintiffs should be permitted to add particulars of a loss of opportunity case.']

Ratio Decidendi

Leave was granted only for amendments consistent with the judgment. The Toll amendments were refused because they were sought far too late, the Plaintiffs gave no satisfactory explanation for not pleading them earlier despite disclosure of the Toll arrangements in 2017, the proposed pleading had significant difficulties, and the amendments would require further document production, lay evidence, expanded expert evidence, delay, cost, and would prejudice the Defendants contrary to the Civil Procedure Act 2005 (NSW) case management principles. The Schweppes Australia amendment was allowed because it was not opposed, and the loss of opportunity particular was allowed on the basis that it did...

Court Disposition

Leave granted in part to file an Amended Statement of Claim in a form consistent with the judgment; the proposed amendments introducing claims concerning Toll were not permitted; costs reserved.

Orders

  • ['Leave granted to the Plaintiffs to file an Amended Statement of Claim in a form consistent with this judgment.' "Reserve the costs of today and of the Plaintiffs' application to amend." 'Adjourn the application for leave to bring derivative proceedings to not before 11.30am before me on 29 November 2019.']