Australian Competition and Consumer Commission v Global Prepaid Communications Pty Ltd (ACN 095 154 108) (in Liq) [2005] FCA 590

Australian Competition and Consumer Commission v Global Prepaid Communications Pty Ltd (ACN 095 154 108) (in Liq) [2005] FCA 590

It is appropriate to grant the amendments since they relate to matters arising from recent events, are relatively minor, and will not cause delay. No special order for costs is warranted and costs are reserved.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Global Prepaid Communications Pty Ltd (ACN 095 154 108) (In Liquidation); Second Respondent: In Touch Networks Pty Ltd (ACN 098 279 746) (In Liquidation); Third Respondent: Nicholas Yates; Fourth Respondent: Frank Yates; Fifth Respondent: Nicholas Rhodin; Sixth Respondent: Daniel Albert; Seventh Respondent: Russell Fielding
Jurisdiction
Australia
Judgment Date
14 April 2005
Procedural Posture
Civil / Interlocutory (application for Leave to Amend Pleadings)
Outcome
amendment granted
Legal Topics
Amendments to Pleadings, Costs, Case Management
Civil Procedure Amendments to Pleadings Costs Case Management

Case Brief

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Parties

Australian Competition and Consumer Commission

Applicant

Global Prepaid Communications Pty Ltd (ACN 095 154 108) (In Liquidation)

First Respondent

In Touch Networks Pty Ltd (ACN 098 279 746) (In Liquidation)

Second Respondent

Nicholas Yates

Third Respondent

Frank Yates

Fourth Respondent

Nicholas Rhodin

Fifth Respondent

Daniel Albert

Sixth Respondent

Russell Fielding

Seventh Respondent

Procedural Posture

Civil / Interlocutory (application for Leave to Amend Pleadings)

Legal Issues

  1. 1 Whether leave should be granted to amend the Further Further Amended Statement of Claim
  2. 2 Whether any terms as to costs or otherwise should be imposed as a consequence of the amendments

Ratio Decidendi

It is appropriate to grant the amendments since they relate to matters arising from recent events, are relatively minor, and will not cause delay. No special order for costs is warranted and costs are reserved.

Court Disposition

amendment granted

Orders

  • Leave granted to amend the Further Further Amended Statement of Claim in accordance with Annexure 'A' to the Notice of Motion.
  • Further Further Amended Statement of Claim to be amended.