Australian Competition & Consumer Commission v Australian Safeway Stores Pty Ltd [1999] FCA 281

Australian Competition & Consumer Commission v Australian Safeway Stores Pty Ltd [1999] FCA 281

The proposed amendments raised a different alternative factual case, but that case arose out of cross-examination and the respondents were not irreversibly prejudiced if given time to investigate, revisit evidence and witness statements, and consider further cross-examination. Justice required the amendments be allowed on terms including an adjournment and reserved costs.

Jurisdiction
Australia
Judgment Date
18 March 1999
Procedural Posture
Practice and Procedure Application in a Trade Practices Act Proceeding / Ruling on Applicant's Application to Amend Statement of Claim During Trial
Outcome
Application for leave to amend granted on terms.
Legal Topics
['amendment of Pleadings' 'statement of Claim' 'adjournment' 'prejudice' 'case Management' 'misuse of Market Power' 'wholesale Bread Market']
['civil Procedure' 'competition and Consumer Law'] ['amendment of Pleadings' 'statement of Claim' 'adjournment' 'prejudice' 'case Management' 'misuse of Market Power' 'wholesale Bread Market']

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Procedural Posture

Practice and Procedure Application in a Trade Practices Act Proceeding / Ruling on Applicant's Application to Amend Statement of Claim During Trial

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to amend its statement of claim after twenty hearing days and near the close of its case.' 'Whether the proposed amendments raised a factual case not yet pleaded or merely made express matters implicit in the existing pleading.' 'Whether any prejudice to the respondents from the amendments could be cured by an adjournment and further opportunity to investigate and prepare.']

Ratio Decidendi

The proposed amendments raised a different alternative factual case, but that case arose out of cross-examination and the respondents were not irreversibly prejudiced if given time to investigate, revisit evidence and witness statements, and consider further cross-examination. Justice required the amendments be allowed on terms including an adjournment and reserved costs.

Court Disposition

Application for leave to amend granted on terms.

Orders

  • ['The applicant is granted leave to amend the statement of claim in the terms sought with tighter drafting referred to.' 'The further hearing of the proceeding is adjourned to Monday 17 May 1999.' 'The costs of the application for amendment and costs incurred or arising or thrown away by the adjournment are reserved.']