ACOHS Pty Ltd v Ucorp Pty Ltd (No.2) [2009] FCA 1074

ACOHS Pty Ltd v Ucorp Pty Ltd (No.2) [2009] FCA 1074

The amendment sought by the applicant to its Statement of Claim relates to issues already raised or depending on the proceeding, specifically the question whether each MSDS is a copyright work. As such, O 13 r 2(2) requires that leave to amend be granted and leaves the court no discretion to refuse the amendment if the stated precondition is satisfied.

Parties
Applicant: ACOHS Pty Ltd (ACN 009 572 187); First Respondent: Ucorp Pty Ltd (ACN 062 768 094); Second Respondent: Bernard Bialkower
Jurisdiction
Australia
Judgment Date
18 September 2009
Procedural Posture
Intellectual Property Copyright / Interlocutory Application for Leave to Amend Statement of Claim During Trial
Outcome
Leave to amend Statement of Claim granted
Legal Topics
Copyright, Pleadings, Amendment of Pleadings, Civil Procedure
Intellectual Property Copyright Pleadings Amendment of Pleadings Civil Procedure

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Parties

ACOHS Pty Ltd (ACN 009 572 187)

Applicant

Ucorp Pty Ltd (ACN 062 768 094)

First Respondent

Bernard Bialkower

Second Respondent

Procedural Posture

Intellectual Property Copyright / Interlocutory Application for Leave to Amend Statement of Claim During Trial

Legal Issues

  1. 1 Whether the applicant should have leave to amend its Statement of Claim under O 13 r 2(2) of the Federal Court Rules
  2. 2 Whether the amendments are necessary for determining the real questions raised by the proceeding

Ratio Decidendi

The amendment sought by the applicant to its Statement of Claim relates to issues already raised or depending on the proceeding, specifically the question whether each MSDS is a copyright work. As such, O 13 r 2(2) requires that leave to amend be granted and leaves the court no discretion to refuse the amendment if the stated precondition is satisfied.

Court Disposition

Leave to amend Statement of Claim granted

Orders

  • The applicant have leave to amend its Sixth Further Amended Statement of Claim by the replacement of subparagraph (b) of paragraph 8 thereof with the following: 'Each MSDS in Annexure A and Annexure A1 having its layout, presentation and appearance in accordance with one or other of the templates in Annexure B.'