COMPAQ COMPUTER AUSTRALIA PTY LTD v MERRY [1998] FCA 1818

COMPAQ COMPUTER AUSTRALIA PTY LTD v MERRY [1998] FCA 1818

Leave to amend the statement of claim should be granted as the amendments arise out of the same facts, do not clearly cause prejudice or injustice, and the new claims are not shown to be hopeless or statute-barred at this stage; evidence including affidavits and financial documents should be admitted as their possible relevance cannot be excluded at this stage.

Parties
Applicant: Compaq Computer Australia Pty Ltd; Respondent: Howard Merry; Respondent: David Payes; Respondent: Colin Bunnett; Respondent: Michael Sharp; Respondent: Robert Bassatt; Respondent: Alan Jeffrey Kras; Respondent: Ian Horman; Respondent: Greg Thomson
Jurisdiction
Australia
Judgment Date
28 July 1998
Procedural Posture
Civil / Interlocutory Applications Within Trial (amendment of Pleadings, Evidentiary Rulings)
Outcome
Leave granted to applicant to amend the statement of claim. Amendments to be allowed, leave to amend may be revoked partially or wholly if good limitations defence is later established; costs of the applications for amendments to be paid by the applicant. Affidavits and financial documents admitted into evidence,...
Legal Topics
Agency Agreement, Misleading or Deceptive Conduct, Fiduciary Duties, Amendment of Pleadings, Limitations of Actions
Commercial Law Trade Practices Corporations Law Equity Agency Agreement Misleading or Deceptive Conduct Fiduciary Duties Amendment of Pleadings +1 more

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Parties

Compaq Computer Australia Pty Ltd

Applicant

Howard Merry

Respondent

David Payes

Respondent

Colin Bunnett

Respondent

Michael Sharp

Respondent

Robert Bassatt

Respondent

Alan Jeffrey Kras

Respondent

Ian Horman

Respondent

Greg Thomson

Respondent

Procedural Posture

Civil / Interlocutory Applications Within Trial (amendment of Pleadings, Evidentiary Rulings)

Legal Issues

  1. 1 Admissibility of evidence concerning pre-contractual conversations and company financial position
  2. 2 Leave to amend the statement of claim to add further causes of action under Trade Practices Act and Corporations Law
  3. 3 Whether amendments are statute barred or bound to fail

Ratio Decidendi

Leave to amend the statement of claim should be granted as the amendments arise out of the same facts, do not clearly cause prejudice or injustice, and the new claims are not shown to be hopeless or statute-barred at this stage; evidence including affidavits and financial documents should be admitted as their possible relevance cannot be excluded at this stage.

Court Disposition

Leave granted to applicant to amend the statement of claim. Amendments to be allowed, leave to amend may be revoked partially or wholly if good limitations defence is later established; costs of the applications for amendments to be paid by the applicant. Affidavits and financial documents admitted into evidence,...

Orders

  • Leave to amend the applicant's statement of claim in accordance with the proposed amendments, subject to revocation if a good limitations defence is later made out.
  • Respondents granted leave to amend their defences.