Vintage Developments Pty Limited v GHD Pty Limited (No 2) [2006] FCA 1437

Vintage Developments Pty Limited v GHD Pty Limited (No 2) [2006] FCA 1437

Leave is granted to amend pleadings to clarify that Errol Investments sues as trustee for the Shellharbour Unit Trust, as its capacity as trustee existed at all relevant times; the amendment takes effect from the date the original documents were filed; no order is made for substitution of Errol Nominees as trustee as the transfer of interest has not yet occurred.

Jurisdiction
Australia
Judgment Date
30 October 2006
Procedural Posture
Application to Amend Pleadings / Interlocutory Application
Outcome
Leave to amend pleadings as to capacity granted; application for substitution of trustee refused; costs reserved.
Legal Topics
['amendment of Pleadings' 'capacity of Trustee' 'substitution and Addition of Parties' 'federal Court Rules']
['practice and Procedure'] ['amendment of Pleadings' 'capacity of Trustee' 'substitution and Addition of Parties' 'federal Court Rules']

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Procedural Posture

Application to Amend Pleadings / Interlocutory Application

Legal Issues

  1. 1 ['Whether Errol Investments Pty Limited may amend pleadings to clarify its capacity as trustee' 'Whether the Court should order the amendment to take effect from the date of amendment or the date of commencement of proceedings' 'Whether Errol Nominees Pty Ltd can be substituted as applicant trustee prior to completion of the transfer of interest']

Ratio Decidendi

Leave is granted to amend pleadings to clarify that Errol Investments sues as trustee for the Shellharbour Unit Trust, as its capacity as trustee existed at all relevant times; the amendment takes effect from the date the original documents were filed; no order is made for substitution of Errol Nominees as trustee as the transfer of interest has not yet occurred.

Court Disposition

Leave to amend pleadings as to capacity granted; application for substitution of trustee refused; costs reserved.

Orders

  • ['Leave is granted to the applicants to amend the further amended statement of claim and the application in terms of the draft second further amended statement of claim and the draft further amended application.' "The costs of the applicants' notice of motion are reserved."]