Byrnes v FRB Industries Pty Ltd and Anor [2001] NSWIRComm 250

Byrnes v FRB Industries Pty Ltd and Anor [2001] NSWIRComm 250

On the evidence, the nature of the claims, and the principles in Visalli v Southwell and Brown v Rezitis, there was a real potential that the applicant may establish the need for relief against Landert-Motoren AG, particularly if he succeeds on the effective control issue. There was therefore no basis for declining to join Landert-Motoren AG or for refusing consequential leave to amend.

Jurisdiction
Australia
Judgment Date
12 October 2001
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Judgment Re Notice of Motion for Leave to Join an Additional Respondent and to File an Amended Summons
Outcome
Notice of motion granted; Landert-Motoren AG joined as an additional respondent and consequential leave to amend granted; costs reserved.
Legal Topics
['s106 Unfair Contract Proceedings' 'joinder of Parties' 'amendment of Summons' 'connection With Impugned Contract or Arrangement' 'effective Control']
['industrial Relations' 'civil Procedure'] ['s106 Unfair Contract Proceedings' 'joinder of Parties' 'amendment of Summons' 'connection With Impugned Contract or Arrangement' 'effective Control']

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Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Judgment Re Notice of Motion for Leave to Join an Additional Respondent and to File an Amended Summons

Legal Issues

  1. 1 ['Whether Landert-Motoren AG should be joined as an additional respondent in the s106 proceedings.' 'Whether there was a sufficient basis for considering that Landert-Motoren AG may have a connection with the impugned contract or arrangement such that substantive relief may be ordered against it.' 'Whether consequential leave should be granted to file an amended summons.']

Ratio Decidendi

On the evidence, the nature of the claims, and the principles in Visalli v Southwell and Brown v Rezitis, there was a real potential that the applicant may establish the need for relief against Landert-Motoren AG, particularly if he succeeds on the effective control issue. There was therefore no basis for declining to join Landert-Motoren AG or for refusing consequential leave to amend.

Court Disposition

Notice of motion granted; Landert-Motoren AG joined as an additional respondent and consequential leave to amend granted; costs reserved.

Orders

  • ['Leave granted to join Landert-Motoren AG as a party to the proceedings.' 'Leave granted to file an amended summons for relief incorporating the additional respondent and appropriate alterations.' 'Costs reserved.']