Cortis Exhaust Systems Pty Ltd v Kitten Software Pty Ltd [2000] FCA 491

Cortis Exhaust Systems Pty Ltd v Kitten Software Pty Ltd [2000] FCA 491

Leave to file a further amended statement of claim is granted to ensure substantial allegations may be properly ventilated, subject to conditions protecting the respondent's interests regarding limitation periods and costs.

Parties
Applicant: Cortis Exhaust Systems Pty Ltd; Respondent: Kitten Software Pty Ltd & Others
Jurisdiction
Australia
Judgment Date
30 March 2000
Procedural Posture
Interlocutory Application / Application for Leave to File a Further Amended Statement of Claim
Outcome
Leave granted to file further amended statement of claim, subject to conditions.
Legal Topics
Leave to Amend Statement of Claim, Costs Thrown Away, Stay of Proceedings, Limitation Periods
Civil Procedure Costs Limitation of Actions Leave to Amend Statement of Claim Costs Thrown Away Stay of Proceedings Limitation Periods

Case Brief

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Parties

Cortis Exhaust Systems Pty Ltd

Applicant

Kitten Software Pty Ltd & Others

Respondent

Procedural Posture

Interlocutory Application / Application for Leave to File a Further Amended Statement of Claim

Legal Issues

  1. 1 Whether leave should be granted to file a further amended statement of claim
  2. 2 Whether costs thrown away by the respondent should be taxed and paid immediately
  3. 3 Whether respondent's costs thrown away should be paid on an indemnity basis

Ratio Decidendi

Leave to file a further amended statement of claim is granted to ensure substantial allegations may be properly ventilated, subject to conditions protecting the respondent's interests regarding limitation periods and costs.

Court Disposition

Leave granted to file further amended statement of claim, subject to conditions.

Orders

  • Leave to file further amended statement of claim granted.
  • Applicant to pay costs thrown away as a result of amendments.