Windridge Farm Pty Ltd v Grassi [2010] NSWSC 335

Windridge Farm Pty Ltd v Grassi [2010] NSWSC 335

Leave to amend the Defence was refused as the proposed defences of unclean hands and freedom of political communication were unarguable on the facts and law; the unclean hands doctrine did not apply because the plaintiff’s alleged animal cruelty did not have an immediate and necessary relation to the equitable claim, and the implied freedom of political communication did not provide a defence to equitable relief for copyright acquired by trespass; in addition, the amendments would cause delay, were brought late, and constituted an abuse of process since their predominant purpose was to explore animal welfare issues unrelated to the legitimate conduct of the litigation.

Parties
Plaintiff: Windridge Farm Pty Ltd; 1st Defendant: Mauro Grassi; 2nd Defendant: Diana Simpson; 3rd Defendant: Tully James
Jurisdiction
Australia
Judgment Date
19 March 2010
Procedural Posture
Civil / Interlocutory Application to Amend Defence
Outcome
Application for leave to amend defence dismissed with costs.
Legal Topics
Amendment of Pleadings, Unclean Hands Doctrine, Abuse of Process, Implied Freedom of Political Communication, Copyright Arising From Trespass
Civil Procedure Equity Amendment of Pleadings Unclean Hands Doctrine Abuse of Process Implied Freedom of Political Communication Copyright Arising From Trespass

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Parties

Windridge Farm Pty Ltd

Plaintiff

Mauro Grassi

1st Defendant

Diana Simpson

2nd Defendant

Tully James

3rd Defendant

Procedural Posture

Civil / Interlocutory Application to Amend Defence

Legal Issues

  1. 1 Whether leave should be granted to further amend the Defence to raise new affirmative defences of unclean hands and implied freedom of political communication.
  2. 2 Whether the doctrine of unclean hands is arguable and applicable to the plaintiff's claim for constructive trust over copyright acquired through trespass.
  3. 3 Whether the implied constitutional right to freedom of political communication protects the defendants' publication of material obtained through trespass.

Ratio Decidendi

Leave to amend the Defence was refused as the proposed defences of unclean hands and freedom of political communication were unarguable on the facts and law; the unclean hands doctrine did not apply because the plaintiff’s alleged animal cruelty did not have an immediate and necessary relation to the equitable claim, and the implied freedom of political communication did not provide a defence to equitable relief for copyright acquired by trespass; in addition, the amendments would cause delay, were brought late, and constituted an abuse of process since their predominant purpose was to explore animal welfare issues unrelated to the legitimate conduct of the litigation.

Court Disposition

Application for leave to amend defence dismissed with costs.

Orders

  • Defendants' Notice of Motion dismissed with costs.