Cooper v Keith Allan & Associates Pty Ltd and Kallan Nominees Pty Ltd [1996] IRCA 402

Cooper v Keith Allan & Associates Pty Ltd and Kallan Nominees Pty Ltd [1996] IRCA 402

The judgment did not reflect the intention of the Court to make enforceable orders against the legal person behind a business name; therefore, it was appropriate to amend the orders and judgment to correct the title of the first respondent to Keith William Allan so as to accurately represent the party intended to be bound.

Jurisdiction
Australia
Judgment Date
27 August 1996
Procedural Posture
Motion Seeking Amendment After Judgment / Post Judgment, Enforcement/amendment Stage
Outcome
Application granted; title of first respondent amended after judgment.
Legal Topics
['amendment of Party Description After Judgment' 'enforcement of Judgments' 'parties—correct Designation' 'termination of Employment']
['practice and Procedure' 'industrial Law'] ['amendment of Party Description After Judgment' 'enforcement of Judgments' 'parties—correct Designation' 'termination of Employment']

Case Brief

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

Motion Seeking Amendment After Judgment / Post Judgment, Enforcement/amendment Stage

Legal Issues

  1. 1 ['Whether the Court has power to amend the name of a respondent after judgment is entered' 'Whether an irregularity in party description can be corrected through amendment post-judgment' 'Whether the business name is a legal personality or requires amendment to reflect the individual proprietor']

Ratio Decidendi

The judgment did not reflect the intention of the Court to make enforceable orders against the legal person behind a business name; therefore, it was appropriate to amend the orders and judgment to correct the title of the first respondent to Keith William Allan so as to accurately represent the party intended to be bound.

Court Disposition

Application granted; title of first respondent amended after judgment.

Orders

  • ['The title of the first respondent in proceedings VI 3513 of 1995, VI 3515 of 1995, and VI 3516 of 1995 is amended to read Keith William Allan.']