Australian Competition & Consumer Commission v Australian Safeway Stores Pty Ltd [1999] FCA 1170

Leave to amend the defences is granted as the interests of justice are served, there is no present prejudice to the applicant, and a sufficient explanation for the need to amend is accepted.

Parties: Applicant: Australian Competition and Consumer Commission; First Respondent: Australian Safeway Stores Pty Ltd; Second Respondent: George Weston Foods; Third Respondent: Mark Jones; Fourth Respondent: Bernie Brookes
Jurisdiction: Australia
Judgment Date: 18 May 1999
Procedural Posture: Civil / Interlocutory Application for Leave to Amend Defence
Outcome: Leave to amend granted
Legal Topics: Leave to Amend Pleadings, Admissions in Pleadings, Interests of Justice, Prejudice to Parties

Competition Law Leave to Amend Pleadings Admissions in Pleadings Interests of Justice Prejudice to Parties

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Parties

Australian Competition and Consumer Commission

Applicant

Australian Safeway Stores Pty Ltd

First Respondent

George Weston Foods

Second Respondent

Mark Jones

Third Respondent

Bernie Brookes

Fourth Respondent

Procedural Posture

Civil / Interlocutory Application for Leave to Amend Defence

Legal Issues

1 Whether leave should be granted to amend the first and third respondents' defences
2 Whether there is prejudice to the applicant by permitting amendment of the admissions
3 Whether sufficient explanation for the need to amend is provided

Ratio Decidendi

Leave to amend the defences is granted as the interests of justice are served, there is no present prejudice to the applicant, and a sufficient explanation for the need to amend is accepted.

Court Disposition

Leave to amend granted

Orders

Leave granted to first and third respondents to amend their defences