Linda Iris Neeson v Amora Company Limited & ors [2007] NSWIRComm 25

Linda Iris Neeson v Amora Company Limited & ors [2007] NSWIRComm 25

The applicant is granted leave to amend the summons. The amended summons, when read in the context of the pleadings and practice of the Court, is capable of comprehending the contracts and arrangements identified in the proposed further amended summons. Therefore, s 108B does not bar the amendments at this stage. Jurisdictional and sequential contract arguments are not determined at this stage but may be raised later.

Parties
Applicant: Linda Iris Neeson; First Respondent: Amora Company Limited; Second Respondent: Amora Group Pty Ltd (ACN 112 177 885); Third Respondent: Dr Taapun Siriphatrawan; Fourth Respondent: Philip Johnson; Fifth Respondent: Amalgamated Holdings Limited
Jurisdiction
Australia
Judgment Date
16 February 2007
Procedural Posture
Interlocutory Application to Amend Summons in Unfair Contract Proceedings / Interlocutory Judgment on Application to Amend Summons
Outcome
Leave to amend proceeding granted; costs reserved
Legal Topics
Unfair Contracts, Leave to Amend Proceedings, Jurisdiction – Territorial Nexus, Pleadings and Specificity, Time Limitation for Applications
Industrial Law Unfair Contracts Leave to Amend Proceedings Jurisdiction – Territorial Nexus Pleadings and Specificity Time Limitation for Applications

Case Brief

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Parties

Linda Iris Neeson

Applicant

Amora Company Limited

First Respondent

Amora Group Pty Ltd (ACN 112 177 885)

Second Respondent

Dr Taapun Siriphatrawan

Third Respondent

Philip Johnson

Fourth Respondent

Amalgamated Holdings Limited

Fifth Respondent

Procedural Posture

Interlocutory Application to Amend Summons in Unfair Contract Proceedings / Interlocutory Judgment on Application to Amend Summons

Legal Issues

  1. 1 Whether leave should be granted to further amend summons to specify contracts and arrangements within unfair contract proceedings under s 106 Industrial Relations Act 1996
  2. 2 Whether the amendment is time-barred under s 108B of the Act
  3. 3 Whether the contract sought to be impugned is sufficiently specified within the original and amended summons

Ratio Decidendi

The applicant is granted leave to amend the summons. The amended summons, when read in the context of the pleadings and practice of the Court, is capable of comprehending the contracts and arrangements identified in the proposed further amended summons. Therefore, s 108B does not bar the amendments at this stage. Jurisdictional and sequential contract arguments are not determined at this stage but may be raised later.

Court Disposition

Leave to amend proceeding granted; costs reserved

Orders

  • The applicant is granted leave to amend the summons in the form of the further amended summons for relief filed 17 November 2006.
  • Costs are reserved with liberty to apply.