Dennis v Chambers Investment Planners Pty Ltd (No 2) [2012] FCA 780

Dennis v Chambers Investment Planners Pty Ltd (No 2) [2012] FCA 780

The proposed amended statement of claim, read with annexures A to E, sufficiently particularised the applicant's claimed loss and damage and other matters to enable the respondents to plead a defence. Potential limitation issues should be raised by the respondents in their defence and answered by the applicant in reply if necessary. There was therefore no sufficient reason to withhold leave to amend or to require the further particulars sought.

Jurisdiction
Australia
Judgment Date
20 July 2012
Procedural Posture
Interlocutory Application for Leave to Amend Statement of Claim and Dispute About Particulars / Federal Court of Australia, General Division, Judgment on Applicant's Interlocutory Application Filed 13 June 2012
Outcome
Leave to amend granted; proposed amended statement of claim stood as the amended statement of claim; further particulars were not required; costs orders made.
Legal Topics
['leave to Amend Statement of Claim' 'particulars' 'pleadings' 'limitation Defence' 'costs']
['practice and Procedure'] ['leave to Amend Statement of Claim' 'particulars' 'pleadings' 'limitation Defence' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application for Leave to Amend Statement of Claim and Dispute About Particulars / Federal Court of Australia, General Division, Judgment on Applicant's Interlocutory Application Filed 13 June 2012

Legal Issues

  1. 1 ['Whether the applicant should have leave to amend his statement of claim in terms of the minute of proposed further amended statement of claim dated 13 June 2012.' 'Whether the proposed amended statement of claim gave adequate particulars of alleged loss and damage, including dates and amounts said to be relevant to possible limitation defences.' 'Whether further particulars should be ordered before leave to amend was granted.']

Ratio Decidendi

The proposed amended statement of claim, read with annexures A to E, sufficiently particularised the applicant's claimed loss and damage and other matters to enable the respondents to plead a defence. Potential limitation issues should be raised by the respondents in their defence and answered by the applicant in reply if necessary. There was therefore no sufficient reason to withhold leave to amend or to require the further particulars sought.

Court Disposition

Leave to amend granted; proposed amended statement of claim stood as the amended statement of claim; further particulars were not required; costs orders made.

Orders

  • ['The applicant have leave to amend his statement of claim in terms of the minute of proposed further amended statement of claim dated 13 June 2012.' 'The minute of proposed further amended statement of claim dated 13 June 2012 stand as the amended statement of claim and service of it be dispensed with.' 'The...