Media Ocean Limited v Optus Mobile Pty Limited (No 6) [2009] FCA 1319

Media Ocean Limited v Optus Mobile Pty Limited (No 6) [2009] FCA 1319

Leave to amend the application and statement of claim and to join Sound Advertising Limited as an applicant is granted: although there were imperfections in the applicants' explanation for delay, the interests of justice and absence of tactical abuse favour permitting the amendment and joinder. Applicants are to pay...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 November 2009
Procedural Posture
Notice of Motion (application to Amend) / Interlocutory – Application for Leave to Amend Pleadings and Join Party
Outcome
Application to amend allowed; orders granted as sought by applicants, subject to costs and directions.
Legal Topics
['amendment of Pleadings' 'joinder of Parties' 'costs' 'interlocutory Applications']
['civil Procedure'] ['amendment of Pleadings' 'joinder of Parties' 'costs' 'interlocutory Applications']

Source-derived case record

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Procedural Posture

Notice of Motion (application to Amend) / Interlocutory – Application for Leave to Amend Pleadings and Join Party

Legal Issues

  1. 1 ['Should leave be granted to amend the application and statement of claim?' 'Should Sound Advertising Limited be joined as an applicant?' 'What, if any, are the appropriate costs orders for the amendment and hearing date vacation?']

Ratio Decidendi

Leave to amend the application and statement of claim and to join Sound Advertising Limited as an applicant is granted: although there were imperfections in the applicants' explanation for delay, the interests of justice and absence of tactical abuse favour permitting the amendment and joinder. Applicants are to pay the costs thrown away and of the amendment application, including those caused by the vacation of the hearing date, as agreed or taxed.

Court Disposition

Application to amend allowed; orders granted as sought by applicants, subject to costs and directions.

Orders

  • ['Sound Advertising Limited joined as applicant pursuant to Order 6 rule 8(1) of the Federal Court Rules.' 'Applicants granted leave to amend their application and statement of claim as per annexures to Notice of Motion filed 5 November 2009.' "Applicants to pay respondent's and Vodafone Network Pty Ltd's costs...