A M Stevens Pty Ltd v Australian Red Cross Society & Anor [2001] FCA 1265

A M Stevens Pty Ltd v Australian Red Cross Society & Anor [2001] FCA 1265

The amendments to the Application and Statement of Claim arise out of substantially the same facts as those already pleaded, and it is just in the circumstances to allow the leave sought under Order 13 rule 2 of the Federal Court Rules.

Jurisdiction
Australia
Judgment Date
05 September 2001
Procedural Posture
Civil / Application for Leave to Amend Pleadings
Outcome
Leave granted to amend the Application and Statement of Claim.
Legal Topics
['misleading and Deceptive Conduct' 'amendment of Pleadings' 'statute of Limitations']
['commercial Law' 'trade Practices Law'] ['misleading and Deceptive Conduct' 'amendment of Pleadings' 'statute of Limitations']

Case Brief

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Procedural Posture

Civil / Application for Leave to Amend Pleadings

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Application and Statement of Claim.' 'Whether proposed amendments arise out of the same or substantially the same facts as the existing claims.' 'Whether Trade Practices Act claims are statute barred.' 'Whether it is just to allow the amendments.']

Ratio Decidendi

The amendments to the Application and Statement of Claim arise out of substantially the same facts as those already pleaded, and it is just in the circumstances to allow the leave sought under Order 13 rule 2 of the Federal Court Rules.

Court Disposition

Leave granted to amend the Application and Statement of Claim.

Orders

  • ['The applicant have leave to amend the Application and Statement of Claim.']