Janssen v OnePath Custodians Pty Ltd [2024] FCA 497

Janssen v OnePath Custodians Pty Ltd [2024] FCA 497

Leave to amend was granted in part: amendments expanding the accessorial liability case against ANZ in the Cash Claims were allowed because they could be accommodated within the existing trial date and absent irreparable prejudice to Respondents; amendments to the Commissions Claims were refused because they were extensive, explanation for delay was unsatisfactory, and allowance would require vacating the fixed trial date, contrary to the Court's overarching purpose of efficient and just resolution.

Parties
First Applicant: Ian Edo Janssen; Second Applicant: Dean Tobin Reeves; First Respondent: OnePath Custodians Pty Ltd (ACN 008 508 496); Second Respondent: Zurich Australia Limited (ABN 92 000 010 195); Third Respondent: Australia and New Zealand Banking Group Limited (ACN 005 357 522)
Jurisdiction
Australia
Judgment Date
13 May 2024
Procedural Posture
Interlocutory Application / Application for Leave to Amend Pleadings
Outcome
Application granted in part
Legal Topics
Pleadings, Amendment of Pleadings, Trial Timetabling, Superannuation, Accessory Liability, Commissions Claims
Practice and Procedure Commercial Law Corporations Law Pleadings Amendment of Pleadings Trial Timetabling Superannuation Accessory Liability +1 more

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Parties

Ian Edo Janssen

First Applicant

Dean Tobin Reeves

Second Applicant

OnePath Custodians Pty Ltd (ACN 008 508 496)

First Respondent

Zurich Australia Limited (ABN 92 000 010 195)

Second Respondent

Australia and New Zealand Banking Group Limited (ACN 005 357 522)

Third Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Amend Pleadings

Legal Issues

  1. 1 Whether leave should be granted to Applicants to amend pleadings to add substantive and extensive claims, including expansion of accessorial liability case and Commissions Claims, close to the trial date
  2. 2 Whether amendments to the Commissions Claims should be allowed where it would vacate the trial date

Ratio Decidendi

Leave to amend was granted in part: amendments expanding the accessorial liability case against ANZ in the Cash Claims were allowed because they could be accommodated within the existing trial date and absent irreparable prejudice to Respondents; amendments to the Commissions Claims were refused because they were extensive, explanation for delay was unsatisfactory, and allowance would require vacating the fixed trial date, contrary to the Court's overarching purpose of efficient and just resolution.

Court Disposition

Application granted in part

Orders

  • Applicants have leave to file and serve a Further Amended Statement of Claim excluding amendments listed in Annexure 1 (Commissions Claims) by 14 May 2024.
  • Certain prior orders regarding evidence are vacated and new dates for filing evidence and defences set.