Pramoko, T.A. v Lee, S.S.L. & Anor [1995] FCA 40

Pramoko, T.A. v Lee, S.S.L. & Anor [1995] FCA 40

Having abandoned the contractual claim, the proposed amendment pleading loss as the value of the opportunity forgone is tenable and not bound to fail; therefore, leave to amend should be granted.

Parties
Applicant: Tanto Adi Pramoko; First Respondent: Salim Sioe Lim Lee; Second Respondent: Komemo Pty. Ltd.
Jurisdiction
Australia
Judgment Date
09 February 1995
Procedural Posture
Application for Leave to Amend Statement of Claim / Interlocutory
Outcome
Leave to amend granted
Legal Topics
Amendment of Pleadings, Misleading or Deceptive Conduct, Measure of Damages
Practice and Procedure Consumer Law Amendment of Pleadings Misleading or Deceptive Conduct Measure of Damages

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Parties

Tanto Adi Pramoko

Applicant

Salim Sioe Lim Lee

First Respondent

Komemo Pty. Ltd.

Second Respondent

Procedural Posture

Application for Leave to Amend Statement of Claim / Interlocutory

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim to include an alternative measure of loss under the Trade Practices Act 1974 (Cth) or Fair Trading Act 1987 (W.A.)

Ratio Decidendi

Having abandoned the contractual claim, the proposed amendment pleading loss as the value of the opportunity forgone is tenable and not bound to fail; therefore, leave to amend should be granted.

Court Disposition

Leave to amend granted

Orders

  • The applicant have leave to amend the statement of claim in the terms of the minute of proposed sixth amended statement of claim filed 11 August 1994.
  • Costs of the motion be costs in the respondents' cause.