Grahame v Lang Corporation Limited [2001] FCA 373

Grahame v Lang Corporation Limited [2001] FCA 373

The proposed amended pleading was sufficiently clear to justify leave to amend, because the alleged representations could be understood from the pleaded advertisements and other statements taken together and the pleaded case disclosed a sufficient foundation for allegations concerning Mr Corrigan, the Patrick companies and the PCS directors. However, leave was conditional on the applicant clarifying whether the PCS directors acted on behalf of the first respondent and whether they were knowingly concerned, pleading full particulars of any reliance loss, and filing an amended application consistent with the claims pursued.

Jurisdiction
Australia
Judgment Date
04 April 2001
Procedural Posture
Federal Court Proceeding Concerning Alleged Representations in Recruitment by PCS Companies on Behalf of Patrick Companies / Application to Substitute Applicant and for Leave to Further Amend the Statement of Claim
Outcome
Leave to further amend the statement of claim in the terms notified on 16 February 2001 was granted subject to conditions.
Legal Topics
['leave to Amend Statement of Claim' 'pleadings and Particulars' 'misleading and Deceptive Conduct' 'representations in Recruitment' 'reliance and Loss' 'knowingly Concerned in Contraventions']
['civil Procedure' 'consumer Law' 'employment'] ['leave to Amend Statement of Claim' 'pleadings and Particulars' 'misleading and Deceptive Conduct' 'representations in Recruitment' 'reliance and Loss' 'knowingly Concerned in Contraventions']

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Procedural Posture

Federal Court Proceeding Concerning Alleged Representations in Recruitment by PCS Companies on Behalf of Patrick Companies / Application to Substitute Applicant and for Leave to Further Amend the Statement of Claim

Legal Issues

  1. 1 ['Whether leave should be granted to further amend the statement of claim in the terms notified on 16 February 2001.' 'Whether the pleaded representations, including advertisements and oral statements, sufficiently disclosed the alleged misleading and deceptive conduct.' 'Whether the pleadings sufficiently disclosed a basis for allegations that representations were made on behalf of Mr Corrigan or the Patrick companies, or that respondents were knowingly concerned.' 'Whether further particulars of reliance, loss and damage should be provided.' 'Whether the applicant should clarify whether the PCS directors acted as agents or were knowingly concerned.']

Ratio Decidendi

The proposed amended pleading was sufficiently clear to justify leave to amend, because the alleged representations could be understood from the pleaded advertisements and other statements taken together and the pleaded case disclosed a sufficient foundation for allegations concerning Mr Corrigan, the Patrick companies and the PCS directors. However, leave was conditional on the applicant clarifying whether the PCS directors acted on behalf of the first respondent and whether they were knowingly concerned, pleading full particulars of any reliance loss, and filing an amended application consistent with the claims pursued.

Court Disposition

Leave to further amend the statement of claim in the terms notified on 16 February 2001 was granted subject to conditions.

Orders

  • ['The applicant must make clear whether the PCS directors, the sixth, seventh and eighth respondents, are alleged to have acted on behalf of the first respondent and whether it is alleged that they were knowingly concerned in the contraventions.' 'The applicant must plead full particulars of any reliance loss...