Grundy, Arthur Henry & Anor v Lewis, John Bertram & Ors [1995] FCA 957

Grundy, Arthur Henry & Anor v Lewis, John Bertram & Ors [1995] FCA 957

Leave to amend the defence and cross-claim was granted except for certain claims under s.38 Fair Trading Act relating to consumer status and contributions against solicitors, as the claims were either clearly unarguable, statute-barred, or did not arise from substantially same facts previously pleaded. Leave to join Earle Grundy was granted for claims in fraud or negligent misstatement subject to clarification of the representor, but leave to bring Fair Trading Act claims against him was refused.

Parties
Applicant: Arthur Henry Grundy; Applicant: Rita Nell Grundy; First Respondent: John Bertram Lewis; Second Respondent: Headship Pty Ltd; Third Respondent: Chamberg Pty Ltd; Fourth Respondent: Graeme Arthur Schmidt; Fourth Respondent: Peter Thomas Maker
Jurisdiction
Australia
Judgment Date
24 November 1995
Procedural Posture
Civil / Interlocutory Motion for Leave to Amend Pleadings and Cross Claims
Outcome
Leave granted to amend pleadings in part; cross-claims for Fair Trading Act s.38, claims as 'consumers', and contribution against solicitors refused; leave given to join Earle Grundy for fraud/negligent misrepresentation subject to clarification; costs orders made.
Legal Topics
Amended Pleadings, Misrepresentation, Deceit, Negligent Misstatement, Fair Trading Act Claims, Cross Claims, Contributory Negligence, Damages, Limitation Periods, Statutory Consumer Definition, Joinder
Practice and Procedure Commercial Law Contract Law Tort Law Statutory Interpretation Amended Pleadings Misrepresentation Deceit +8 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 19 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Arthur Henry Grundy

Applicant

Rita Nell Grundy

Applicant

John Bertram Lewis

First Respondent

Headship Pty Ltd

Second Respondent

Chamberg Pty Ltd

Third Respondent

Graeme Arthur Schmidt

Fourth Respondent

Peter Thomas Maker

Fourth Respondent

Procedural Posture

Civil / Interlocutory Motion for Leave to Amend Pleadings and Cross Claims

Legal Issues

  1. 1 Whether leave should be granted to amend the defence and cross-claim
  2. 2 Whether leave should be granted to join a non-party (Earle Grundy)
  3. 3 Whether claims under Fair Trading Act 1989 (Qld) are time-barred

Ratio Decidendi

Leave to amend the defence and cross-claim was granted except for certain claims under s.38 Fair Trading Act relating to consumer status and contributions against solicitors, as the claims were either clearly unarguable, statute-barred, or did not arise from substantially same facts previously pleaded. Leave to join Earle Grundy was granted for claims in fraud or negligent misstatement subject to clarification of the representor, but leave to bring Fair Trading Act claims against him was refused.

Court Disposition

Leave granted to amend pleadings in part; cross-claims for Fair Trading Act s.38, claims as 'consumers', and contribution against solicitors refused; leave given to join Earle Grundy for fraud/negligent misrepresentation subject to clarification; costs orders made.

Orders

  • Applicants have leave to amend statement of claim as per document filed 11 October 1994
  • Defence filed by first, second, third respondents on 24 October 1994 struck out