Bowker & Anor v Software Engineers Australia (NSW) Pty Limited & Ors [2003] NSWIRComm 213

Bowker & Anor v Software Engineers Australia (NSW) Pty Limited & Ors [2003] NSWIRComm 213

Leave to amend the summons is granted only as regards clarifying money orders, specifying claims against first and third respondents, and joinder amendments flowing from the joinder judgment; leave to pursue oversight amendments and claims regarding collateral arrangements to which applicants were not party is refused due to lack of standing and procedural fairness; s108B does not retrospectively bar amendments related to joinder prior to the enactment of the section.

Jurisdiction
Australia
Judgment Date
10 July 2003
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Leave to Amend Summons
Outcome
Leave to amend summons granted in part; leave refused for oversight amendments and collateral arrangement claims.
Legal Topics
['unfair Contract' 'leave to Amend' 'standing' 'joinder of Parties' 'time Limitation Under S108 B' 'collateral Arrangements']
['industrial Relations' 'corporations Law'] ['unfair Contract' 'leave to Amend' 'standing' 'joinder of Parties' 'time Limitation Under S108 B' 'collateral Arrangements']

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Leave to Amend Summons

Legal Issues

  1. 1 ['Whether leave should be granted to proceed on fifth amended summons' 'Whether leave to amend money orders and others should be granted' "Applicants' standing to challenge collateral arrangements" 'Whether joinder amendments are time barred by s108B']

Ratio Decidendi

Leave to amend the summons is granted only as regards clarifying money orders, specifying claims against first and third respondents, and joinder amendments flowing from the joinder judgment; leave to pursue oversight amendments and claims regarding collateral arrangements to which applicants were not party is refused due to lack of standing and procedural fairness; s108B does not retrospectively bar amendments related to joinder prior to the enactment of the section.

Court Disposition

Leave to amend summons granted in part; leave refused for oversight amendments and collateral arrangement claims.

Orders

  • ['Applicants to file and serve amended summons consistent with judgment within 14 days.' 'Leave is granted to clarify money orders sought.' 'Leave is granted to clarify claims directed to first and third respondents, not fourth and fifth respondents.' 'Leave is granted for joinder amendments so that money orders...