Airport City Hotels Services Pty Ltd v Grand National Concierge Pty Ltd

Airport City Hotels Services Pty Ltd, the plaintiff, brought proceedings against Grand National Concierge Pty Ltd, the defendant, seeking relief for alleged breaches of contract. The plaintiff claimed that the defendant had failed to fulfil its obligations under an advertising agreement. The case was heard in the Federal Circuit Court of Australia. The primary issue before the court was whether the defendant could amend its defence to include a reference to an agreement that was already in evidence. The plaintiff argued that the defendant should not be permitted to rely on this agreement as it had not been previously pleaded. The defendant countered that the agreement was relevant to the dispute and should be considered by the court.

The court considered the principles of procedural fairness and the discretion afforded to it under the Federal Circuit Court of Australia Rules. The court found that the defendant's application to amend the defence was not an abuse of process, as the agreement was already in evidence and was relevant to the dispute. The court acknowledged that the application was made late, but it exercised its discretion to permit the amendment. The court directed the defendant to pay any costs thrown away by reason of the late application, including the costs of the application to amend. The matter was stood over for the conclusion of submissions and for orders or directions in respect of the advertising agreement defence.

The court granted leave to the defendant to file the amended defence in the form tendered. The defendant was also directed to pay any costs thrown away by reason of the late application, including the costs of the application to amend. The court further noted that the matter was stood over for the conclusion of submissions and for orders or directions in respect of the advertising agreement defence.