King v GIO Australia Holdings Ltd [2001] FCA 1487

King v GIO Australia Holdings Ltd [2001] FCA 1487

Leave to further amend the statement of claim was granted as the proposed amendments did not materially alter the applicant’s case or prejudice group members; a notice to produce under O 15 r 10 requires a direct pleading reference and, where made, the response must be properly verified by the party making enquiries as required by the rule.

Parties
Applicant: Shane Robert King; First Respondent: GIO Australia Holdings Ltd (ACN 054 573 401); Second Respondent: Grant Samuel & Associates Pty Ltd (ACN 050 036 372); Third Respondent: David Mortimer; Fourth Respondent: Bruce Hogan; Fifth Respondent: Stewart Steffey; Sixth Respondent: Ronald Ashton; Seventh Respondent: Marina Darling; Eighth Respondent: Andrew Kaldor; Ninth Respondent: Lloyd Lance; Tenth Respondent: David O'Halloran; Eleventh Respondent: Ian Pollard
Jurisdiction
Australia
Judgment Date
24 October 2001
Procedural Posture
Representative Proceedings (part Iva, Federal Court of Australia Act 1976) / Interlocutory Application—leave to Amend Statement of Claim and Notice to Produce
Outcome
Application for leave to amend statement of claim granted; directions and orders made regarding particulars, cross-claims, and notice to produce; applicant's notice of motion otherwise dismissed.
Legal Topics
Representative Proceedings, Amendment of Pleadings, Notice to Produce, Discovery, Misleading and Deceptive Conduct
Practice and Procedure Corporations Law Representative Proceedings Amendment of Pleadings Notice to Produce Discovery Misleading and Deceptive Conduct

Case Brief

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Parties

Shane Robert King

Applicant

GIO Australia Holdings Ltd (ACN 054 573 401)

First Respondent

Grant Samuel & Associates Pty Ltd (ACN 050 036 372)

Second Respondent

David Mortimer

Third Respondent

Bruce Hogan

Fourth Respondent

Stewart Steffey

Fifth Respondent

Ronald Ashton

Sixth Respondent

Marina Darling

Seventh Respondent

Andrew Kaldor

Eighth Respondent

Lloyd Lance

Ninth Respondent

David O'Halloran

Tenth Respondent

Ian Pollard

Eleventh Respondent

Procedural Posture

Representative Proceedings (part Iva, Federal Court of Australia Act 1976) / Interlocutory Application—leave to Amend Statement of Claim and Notice to Produce

Legal Issues

  1. 1 Whether leave should be granted to further amend the statement of claim in representative proceedings
  2. 2 Whether a notice to produce under O 15 r 10 of the Federal Court Rules requires a direct reference to a document in the pleadings

Ratio Decidendi

Leave to further amend the statement of claim was granted as the proposed amendments did not materially alter the applicant’s case or prejudice group members; a notice to produce under O 15 r 10 requires a direct pleading reference and, where made, the response must be properly verified by the party making enquiries as required by the rule.

Court Disposition

Application for leave to amend statement of claim granted; directions and orders made regarding particulars, cross-claims, and notice to produce; applicant's notice of motion otherwise dismissed.

Orders

  • Applicant granted leave to file and amend statement of claim as sought.
  • Applicant to pay respondents' costs thrown away by the amendments.