Australian Competition & Consumer Commission v Stern's Playland Pty Ltd & Anor Stern's Playland Pty Ltd v Testrite Laboratories Pty Ltd & Ors [1997] FCA 1418

Australian Competition & Consumer Commission v Stern's Playland Pty Ltd & Anor Stern's Playland Pty Ltd v Testrite Laboratories Pty Ltd & Ors [1997] FCA 1418

Leave to file the proposed amended cross-claim (MFI 1) was refused because the proposed pleading was embarrassing in important respects, failing to properly separate alternative claims and causing difficulty for respondents to plead. It did not meet the standard required for acceptance of an amended pleading in this...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 November 1997
Procedural Posture
Practice and Procedure / Interlocutory Application for Leave to File Amended Pleading
Outcome
Leave refused to file amended cross-claim (MFI 1); costs reserved; notice of motion stood over.
Legal Topics
['amended Pleadings' 'leave to File Out of Time' 'summary Dismissal' 'misleading and Deceptive Conduct']
['civil Procedure'] ['amended Pleadings' 'leave to File Out of Time' 'summary Dismissal' 'misleading and Deceptive Conduct']

Source-derived case record

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure / Interlocutory Application for Leave to File Amended Pleading

Legal Issues

  1. 1 ['Whether leave should be granted to file an amended cross-claim (MFI 1) out of time' 'Whether the proposed amended cross-claim is embarrassing, frivolous, vexatious, or discloses no arguable cause of action against certain cross-respondents' 'Whether to stand over summary dismissal applications pending proper pleading']

Ratio Decidendi

Leave to file the proposed amended cross-claim (MFI 1) was refused because the proposed pleading was embarrassing in important respects, failing to properly separate alternative claims and causing difficulty for respondents to plead. It did not meet the standard required for acceptance of an amended pleading in this context.

Court Disposition

Leave refused to file amended cross-claim (MFI 1); costs reserved; notice of motion stood over.

Orders

  • ['Leave to file MFI 1 refused.' 'Costs reserved.' 'The notice of motion of the first cross-respondent and proposed fourth and fifth cross-respondents stood over to a date to be fixed.']