Bioprospect Ltd v Solagran Ltd (No 2) [2010] FCA 1097

Bioprospect Ltd v Solagran Ltd (No 2) [2010] FCA 1097

The proposed amendments to the statement of claim do not merely assert a contract different from that represented but allege that the Development Agreement was fundamentally less valuable due to untrue representations. The amendments are not futile and articulate an arguable cause of action, justifying the application to amend and the dismissal of the strike out application.

Jurisdiction
Australia
Judgment Date
11 October 2010
Procedural Posture
Motion to Amend Pleading / Strike Out Application / Interlocutory
Outcome
Motion to amend statement of claim allowed; motion to strike out dismissed; costs reserved
Legal Topics
['amendment of Pleadings' 'strike Out Applications' 'prejudice' 'arguable Cause of Action']
['practice and Procedure'] ['amendment of Pleadings' 'strike Out Applications' 'prejudice' 'arguable Cause of Action']

Case Brief

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Procedural Posture

Motion to Amend Pleading / Strike Out Application / Interlocutory

Legal Issues

  1. 1 ['Whether the applicant should be allowed to further amend its statement of claim' 'Whether the amended statement of claim should be struck out for disclosing no cause of action or prejudice']

Ratio Decidendi

The proposed amendments to the statement of claim do not merely assert a contract different from that represented but allege that the Development Agreement was fundamentally less valuable due to untrue representations. The amendments are not futile and articulate an arguable cause of action, justifying the application to amend and the dismissal of the strike out application.

Court Disposition

Motion to amend statement of claim allowed; motion to strike out dismissed; costs reserved

Orders

  • ['The motion to further amend the statement of claim be allowed.' 'The motion to strike out the amended statement of claim be dismissed.' 'Costs be reserved until trial.']