Whirlpool (Australia) Pty Ltd v Discount Electrical Centre (Australia) Pty Ltd [1999] FCA 912

Whirlpool (Australia) Pty Ltd v Discount Electrical Centre (Australia) Pty Ltd [1999] FCA 912

Absent consent to the proposed amendment, a new cause of action arising after the date of the original application cannot be pleaded by amendment; a new application must be filed to enable such a claim to be made.

Parties
Applicant: Whirlpool (Australia) Pty Ltd; First Respondent: Discount Electrical Centre (Australia) Pty Ltd; Second Respondent: Steven Tattos
Jurisdiction
Australia
Judgment Date
16 June 1999
Procedural Posture
Motion to Amend Statement of Claim / Interlocutory Application – Application to Amend
Outcome
Application for leave to amend dismissed
Legal Topics
Amendment of Pleadings, New Cause of Action, Federal Court Procedure
Practice and Procedure Amendment of Pleadings New Cause of Action Federal Court Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Whirlpool (Australia) Pty Ltd

Applicant

Discount Electrical Centre (Australia) Pty Ltd

First Respondent

Steven Tattos

Second Respondent

Procedural Posture

Motion to Amend Statement of Claim / Interlocutory Application – Application to Amend

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim to introduce a new cause of action arising after commencement of proceedings
  2. 2 Whether a new application is required to plead such a new cause of action in the Federal Court

Ratio Decidendi

Absent consent to the proposed amendment, a new cause of action arising after the date of the original application cannot be pleaded by amendment; a new application must be filed to enable such a claim to be made.

Court Disposition

Application for leave to amend dismissed

Orders

  • The applicant's motion be dismissed.