West v TWG Services Limited (No 2) [2010] FCA 1069

West v TWG Services Limited (No 2) [2010] FCA 1069

Leave to further amend was granted because the procedural requirements were satisfied and the amendments had not caused costs to be thrown away, since no service had yet occurred. Leave to serve the amended documents outside Australia was granted, because the proper affidavit evidence was supplied and the proposed manner of service met UK law. The costs of the amendment were not ordered against the respondent as they resulted from the applicant’s own actions. The costs for leave to serve out were reserved given the potential for a setting aside application by the respondent.

Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Application / Application for Leave to Amend and Application for Leave to Serve Amended Documents Out of Jurisdiction
Outcome
Leave to further amend granted; leave to serve outside Australia granted; no order as to costs of amendment; costs of application to serve outside Australia reserved; directions set for further case management.
Legal Topics
['costs' 'amendment of Pleadings' 'service Outside Jurisdiction']
['civil Procedure' 'employment Law'] ['costs' 'amendment of Pleadings' 'service Outside Jurisdiction']

Case Brief

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Procedural Posture

Application / Application for Leave to Amend and Application for Leave to Serve Amended Documents Out of Jurisdiction

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to further amend the application and statement of claim before service' 'Whether leave to serve the amended documents outside Australia should be granted' 'How the costs of these applications should be determined']

Ratio Decidendi

Leave to further amend was granted because the procedural requirements were satisfied and the amendments had not caused costs to be thrown away, since no service had yet occurred. Leave to serve the amended documents outside Australia was granted, because the proper affidavit evidence was supplied and the proposed manner of service met UK law. The costs of the amendment were not ordered against the respondent as they resulted from the applicant’s own actions. The costs for leave to serve out were reserved given the potential for a setting aside application by the respondent.

Court Disposition

Leave to further amend granted; leave to serve outside Australia granted; no order as to costs of amendment; costs of application to serve outside Australia reserved; directions set for further case management.

Orders

  • ['Leave to further amend the amended application in the form of exhibit FCW1 to the affidavit of Colin West, sworn 5 August 2010.' 'Leave to further amend the amended statement of claim in the form of exhibit FCW2 to the affidavit of Colin West, sworn 5 August 2010.' 'Applicant to file further amended application...