Blown Plastics Pty Ltd v Bayer Australia Ltd [2010] FCA 19

In the absence of substantive prejudice to the respondent, leave to amend should be granted with amendments taking effect from the date the proceeding commenced.

Parties: Applicant: Blown Plastics Pty Ltd; Respondent: Bayer Australia Ltd
Jurisdiction: Australia
Judgment Date: 13 January 2010
Procedural Posture: Application for Leave to Amend Statement of Claim / Interlocutory
Outcome: Leave to amend granted; amendments to take effect from date proceeding commenced.
Legal Topics: Amendment of Pleadings, Limitation Period, Misleading or Deceptive Conduct, Supply of Goods

Procedure Trade Practices Amendment of Pleadings Limitation Period Misleading or Deceptive Conduct Supply of Goods

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Parties

Blown Plastics Pty Ltd

Applicant

Bayer Australia Ltd

Respondent

Procedural Posture

Application for Leave to Amend Statement of Claim / Interlocutory

Legal Issues

1 Should leave be granted to amend the statement of claim and application?
2 From what date should the amendments take effect?
3 Should a limitation defence be preserved in respect of the amendments?

Ratio Decidendi

In the absence of substantive prejudice to the respondent, leave to amend should be granted with amendments taking effect from the date the proceeding commenced.

Court Disposition

Leave to amend granted; amendments to take effect from date proceeding commenced.

Orders

The applicant be granted leave to file and serve an amended statement of claim and an amended application, within two days.