Gentry Brothers Pty Ltd v Wilson Brown & Associates & Ors [1995] FCA 48

Gentry Brothers Pty Ltd v Wilson Brown & Associates & Ors [1995] FCA 48

Leave granted for amendments relating to representations about right of access and associated relief, as these could be met by first and second respondents without undue delay; but leave refused for amendments introducing additional operating loss claims, as the first and second respondents would not have sufficient...

Source-derived case information.

Parties
Applicant: Gentry Brothers Pty. Ltd.; First Respondent: Wilson Brown & Associates Pty. Ltd.; Second Respondent: Bruce James Brown; Third Respondent: Anscape Pty. Ltd.; Fourth Respondent: Brian John Clarke; Second Cross Respondent: James Gentry; Third Cross Respondent: Ciaran Gentry
Jurisdiction
Australia
Judgment Date
14 February 1995
Procedural Posture
Original Action With Cross Claims / Interlocutory Application at Commencement of Trial
Outcome
Leave to amend granted in part, refused in part; costs ordered against third and fourth respondents
Legal Topics
Leave to Amend Cross Claim, Timeliness of Amendment, Expert Evidence in Amendments
Practice and Procedure Leave to Amend Cross Claim Timeliness of Amendment Expert Evidence in Amendments

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gentry Brothers Pty. Ltd.

Applicant

Wilson Brown & Associates Pty. Ltd.

First Respondent

Bruce James Brown

Second Respondent

Anscape Pty. Ltd.

Third Respondent

Brian John Clarke

Fourth Respondent

James Gentry

Second Cross Respondent

Ciaran Gentry

Third Cross Respondent

Procedural Posture

Original Action With Cross Claims / Interlocutory Application at Commencement of Trial

Legal Issues

  1. 1 Whether leave should be granted to amend the defence and cross-claim at the commencement of hearing
  2. 2 Whether parties have a fair opportunity to meet new issues raised by amendment
  3. 3 Whether late amendments should be disallowed owing to prejudice or inefficiency

Ratio Decidendi

Leave granted for amendments relating to representations about right of access and associated relief, as these could be met by first and second respondents without undue delay; but leave refused for amendments introducing additional operating loss claims, as the first and second respondents would not have sufficient opportunity to prepare expert evidence without jeopardising the allocation of trial dates.

Court Disposition

Leave to amend granted in part, refused in part; costs ordered against third and fourth respondents

Orders

  • Leave granted to amend defence and cross-claim by adding proposed paragraphs 10A, 16A-D, 17, 17(aa), (n), (o) and 27(c).
  • First and second respondents' costs of and incidental to the amendment, including further pleading required and the time taken in hearing the application up to this time, to be taxed and paid by the third and fourth respondents.