Tyco (Australia) Pty Ltd T/AS ADT Security v Signature Security Group Pty Ltd (No 2) [2010] FCA 395

Tyco (Australia) Pty Ltd T/AS ADT Security v Signature Security Group Pty Ltd (No 2) [2010] FCA 395

The proposed amendment was not refused because of the New Zealand knowledge allegation, alleged lack of particulars, or the absence of joinder of agents; those objections did not disclose pleading defects warranting refusal, and case management risks did not justify imposing a joinder condition. However, proposed...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 April 2010
Procedural Posture
Federal Court Civil Proceeding / Interlocutory Notice of Motion Seeking Leave to Amend the Application and Statement of Claim and Further Discovery; Costs of Notices to Produce Also Addressed
Outcome
Prayer 1 of the notice of motion was dismissed; the applicant was permitted to file a further motion for leave to amend consistently with the reasons; discovery was stood over; costs on the motion were reserved; and the District Registrar's reserved costs were made costs in the cause.
Legal Topics
['leave to Amend Pleadings' 'particulars' 'vicarious Liability for Agents' 'joinder of Third Parties' 'case Management' 'notices to Produce' 'costs in the Cause']
['civil Procedure' 'pleadings' 'discovery' 'costs'] ['leave to Amend Pleadings' 'particulars' 'vicarious Liability for Agents' 'joinder of Third Parties' 'case Management' 'notices to Produce' 'costs in the Cause']

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Procedural Posture

Federal Court Civil Proceeding / Interlocutory Notice of Motion Seeking Leave to Amend the Application and Statement of Claim and Further Discovery; Costs of Notices to Produce Also Addressed

Legal Issues

  1. 1 ['Whether leave should be granted to amend the application and statement of claim in the form proposed by the applicant.' 'Whether alleged knowledge and belief in proposed paragraphs 8B and 8D were insufficiently particularised so as to justify refusal of leave.' 'Whether the applicant could plead that the first respondent was vicariously liable for acts of agents or third parties who were not joined to the proceeding.' 'Whether case management considerations required the applicant to join third party agents if it wished to rely on their conduct.' "Whether proposed paragraph 17AC, alleging that unidentified Signature Security dealers came into possession of ADT Security's Customer List on unknown dates, could be permitted." 'How prayer 2 of the notice of motion concerning further discovery should be dealt with.' 'What costs order should be made in relation to notices to produce set aside by the District Registrar on 24 February 2010.']

Ratio Decidendi

The proposed amendment was not refused because of the New Zealand knowledge allegation, alleged lack of particulars, or the absence of joinder of agents; those objections did not disclose pleading defects warranting refusal, and case management risks did not justify imposing a joinder condition. However, proposed paragraph 17AC alleged vicarious liability for acts of unidentified persons on unknown dates and could not succeed at trial in that form. Accordingly prayer 1 of the notice of motion was dismissed, but the applicant was given leave to bring a further motion for amendments consistent with the reasons, excluding paragraph 17AC and connected paragraphs. Discovery was stood over, and...

Court Disposition

Prayer 1 of the notice of motion was dismissed; the applicant was permitted to file a further motion for leave to amend consistently with the reasons; discovery was stood over; costs on the motion were reserved; and the District Registrar's reserved costs were made costs in the cause.

Orders

  • ['Prayer 1 of the notice of motion of 9 April 2010 be dismissed.' 'The applicant be granted leave to file and serve a notice of motion seeking leave to amend its application and statement of claim consistently with these reasons by Thursday 15 April at 4:15 pm, returnable at 9:30 am on 16 April 2010.' 'Standover...