Wright, C.F. & Anor v. Wheeler Grace & Pierucci Pty Ltd & Ors [1988] FCA 153

Wright, C.F. & Anor v. Wheeler Grace & Pierucci Pty Ltd & Ors [1988] FCA 153

Court granted leave to amend the statement of claim substantially, with certain exceptions, on the basis that amendments were necessary to decide the real questions in dispute and did not cause irreparable prejudice to the respondents. Amendments introducing fundamentally different cases or poorly particularised claims were not allowed.

Parties
First Applicant: Colin Frederick Wright; Second Applicant: Maureen Margaret Wright; First Respondent: Wheeler Grace & Pierucci Pty Ltd; Second Respondent: Robert Joseph Pierucci; Third Respondent: Glenn John Wheeler; Fourth Respondent: Michael James Grace; Fifth Respondent: Peter Francis Collins
Jurisdiction
Australia
Judgment Date
16 March 1988
Procedural Posture
Civil / Interlocutory Ruling on Amendment to Statement of Claim
Outcome
Leave to amend statement of claim granted with exceptions; leave for respondents to amend defence; applicants ordered to pay certain costs.
Legal Topics
Pleadings, Amendment, Misleading and Deceptive Conduct, Negligence, Costs
Practice and Procedure Trade Practices Pleadings Amendment Misleading and Deceptive Conduct Negligence Costs

Case Brief

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Parties

Colin Frederick Wright

First Applicant

Maureen Margaret Wright

Second Applicant

Wheeler Grace & Pierucci Pty Ltd

First Respondent

Robert Joseph Pierucci

Second Respondent

Glenn John Wheeler

Third Respondent

Michael James Grace

Fourth Respondent

Peter Francis Collins

Fifth Respondent

Procedural Posture

Civil / Interlocutory Ruling on Amendment to Statement of Claim

Legal Issues

  1. 1 Whether amendment to statement of claim should be allowed after close of applicants' case
  2. 2 Whether amended pleadings introduce undue prejudice to respondents
  3. 3 Correct approach to pleadings and amendments under court rules

Ratio Decidendi

Court granted leave to amend the statement of claim substantially, with certain exceptions, on the basis that amendments were necessary to decide the real questions in dispute and did not cause irreparable prejudice to the respondents. Amendments introducing fundamentally different cases or poorly particularised claims were not allowed.

Court Disposition

Leave to amend statement of claim granted with exceptions; leave for respondents to amend defence; applicants ordered to pay certain costs.

Orders

  • Applicants' re-amended statement of claim is amended in accordance with the Minute of Substituted Statement of Claim except for specified parts.
  • Respondents have leave to amend their defence.