Adele Crane v Spanline Weatherstrong Building Systems Pty Ltd [1995] IRCA 414

Adele Crane v Spanline Weatherstrong Building Systems Pty Ltd [1995] IRCA 414

Leave to amend the claim to add damages for breach of contract in the associated jurisdiction is refused due to jurisdictional limitations and procedural appropriateness.

Jurisdiction
Australia
Judgment Date
23 August 1995
Procedural Posture
Notice of Motion / Application for Leave to Amend Claim
Outcome
Application for leave to amend claim refused
Legal Topics
['termination of Employment' 'unlawful Termination' 'practice and Procedure' 'amendment of Pleadings' 'associated Jurisdiction']
['industrial Law'] ['termination of Employment' 'unlawful Termination' 'practice and Procedure' 'amendment of Pleadings' 'associated Jurisdiction']

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Procedural Posture

Notice of Motion / Application for Leave to Amend Claim

Legal Issues

  1. 1 ['Whether leave should be granted to amend the application by adding a claim for damages for breach of contract in the associated jurisdiction']

Ratio Decidendi

Leave to amend the claim to add damages for breach of contract in the associated jurisdiction is refused due to jurisdictional limitations and procedural appropriateness.

Court Disposition

Application for leave to amend claim refused

Orders

  • ['The application for leave to amend pursuant to the notice of motion filed on 14 August 1995 is refused.' 'Proceed to hear the claim pursuant to section 170EA of the Act.']