Brereton, Graeme Edgar v Chubb Security Australia Pty Ltd [1997] FCA 1274

Brereton, Graeme Edgar v Chubb Security Australia Pty Ltd [1997] FCA 1274

The Court found there had been a genuine, excusable mistake as to the identity of the respondent, and given no prejudice or public policy reason against, it was just to permit the amendment to correct the respondent's name under Order 13 rule 2.

Jurisdiction
Australia
Judgment Date
11 November 1997
Procedural Posture
Application for Reinstatement and Compensation Due to Alleged Unlawful Termination / Interlocutory Amendment of Respondent's Name
Outcome
Amendment of respondent's name granted; order made substituting Chubb Security Australia Pty Ltd as respondent.
Legal Topics
['amendment of Parties' 'unlawful Termination' 'employment Law']
['practice and Procedure' 'industrial Relations'] ['amendment of Parties' 'unlawful Termination' 'employment Law']

Case Brief

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Procedural Posture

Application for Reinstatement and Compensation Due to Alleged Unlawful Termination / Interlocutory Amendment of Respondent's Name

Legal Issues

  1. 1 ['Whether an amendment to correct the name of the respondent may be granted where there has been a mistake in the identity of the employer.' "Whether exercise of the Court's discretion to amend is appropriate given procedural rules and limitation period concerns."]

Ratio Decidendi

The Court found there had been a genuine, excusable mistake as to the identity of the respondent, and given no prejudice or public policy reason against, it was just to permit the amendment to correct the respondent's name under Order 13 rule 2.

Court Disposition

Amendment of respondent's name granted; order made substituting Chubb Security Australia Pty Ltd as respondent.

Orders

  • ['The name of the respondent be amended from MSS Security Services Pty Ltd to Chubb Security Australia Pty Ltd.']