Australian Competition & Consumer Commission v Auspine Limited [2006] FCA 331

Australian Competition & Consumer Commission v Auspine Limited [2006] FCA 331

Leave to amend was granted in respect of paragraph 39 where there was no opposition, but refused for other proposed amendments because the particulars did not support the amendments.

Parties
Applicant: Australian Competition & Consumer Commission; First Respondent: Auspine Limited (ACN 004 289 730); Second Respondent: Francis Gerald McDonald; Third Respondent: GEO J Bone & Sons Pty Ltd (ACN 007 872 184); Fourth Respondent: Andrew Howard Bone; Fifth Respondent: JAG Timber Products Pty Ltd (ACN 007 264 717); Sixth Respondent: Gary Gordon Daniel
Jurisdiction
Australia
Judgment Date
09 March 2006
Procedural Posture
Application to Amend Statement of Claim / Pre Trial Application
Outcome
Application allowed in part, refused in part
Legal Topics
Amendment of Pleadings, Particulars Supporting Amendment, Costs
Practice and Procedure Amendment of Pleadings Particulars Supporting Amendment Costs

Case Brief

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Parties

Australian Competition & Consumer Commission

Applicant

Auspine Limited (ACN 004 289 730)

First Respondent

Francis Gerald McDonald

Second Respondent

GEO J Bone & Sons Pty Ltd (ACN 007 872 184)

Third Respondent

Andrew Howard Bone

Fourth Respondent

JAG Timber Products Pty Ltd (ACN 007 264 717)

Fifth Respondent

Gary Gordon Daniel

Sixth Respondent

Procedural Posture

Application to Amend Statement of Claim / Pre Trial Application

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend its statement of claim as proposed

Ratio Decidendi

Leave to amend was granted in respect of paragraph 39 where there was no opposition, but refused for other proposed amendments because the particulars did not support the amendments.

Court Disposition

Application allowed in part, refused in part

Orders

  • Leave given to the applicant to amend paragraph 39 of the statement of claim as specified.
  • Otherwise the application to amend the statement of claim is refused.