Bates, Michael John t/as Riot Wetsuits v Omareef Pty Ltd t/as Quiksilver Wetsuits & Ors [1997] FCA 778

Bates, Michael John t/as Riot Wetsuits v Omareef Pty Ltd t/as Quiksilver Wetsuits & Ors [1997] FCA 778

A case was not made out for granting leave to amend the statement of claim to include a trespass cause of action that was consciously and with advice abandoned earlier; allowing amendment now would be unfair and prejudicial to the respondents.

Jurisdiction
Australia
Judgment Date
30 July 1997
Procedural Posture
Application for Leave to Amend Statement of Claim / Interlocutory Application (leave to Amend)
Outcome
Application dismissed
Legal Topics
['amendment of Pleadings' 'trespass' 'breach of Contract']
['civil Procedure'] ['amendment of Pleadings' 'trespass' 'breach of Contract']

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Procedural Posture

Application for Leave to Amend Statement of Claim / Interlocutory Application (leave to Amend)

Legal Issues

  1. 1 ['Whether leave to amend statement of claim to reintroduce a trespass count should be granted']

Ratio Decidendi

A case was not made out for granting leave to amend the statement of claim to include a trespass cause of action that was consciously and with advice abandoned earlier; allowing amendment now would be unfair and prejudicial to the respondents.

Court Disposition

Application dismissed

Orders

  • ['Application for leave to amend statement of claim to include trespass count is rejected.']