Australian Mud Company Pty Ltd v Boart Longyear Australia Pty Ltd

Australian Mud Company Pty Ltd (AMC) filed an application in the Federal Court seeking, among other things, the joinder of a third respondent, Boart Longyear Company (BLC), in proceedings relating to an alleged patent infringement. The application was opposed by the existing respondents, Boart Longyear Australia Pty Ltd (BLA) and Boart Longyear Limited (BL). The court was required to decide whether to allow the joinder of BLC, whether to grant leave to amend the amended originating application and amended statement of claim, and whether to grant leave to serve the third respondent in the United States of America. The court found that the joinder of BLC was appropriate as the claims against BLC were related to the existing proceedings and sufficiently arguable. The court also found that leave to amend should be granted as the amendments were necessary to ensure the real questions in controversy between the parties are decided, and the amendments would not cause substantial injustice to the respondents. Finally, the court granted leave to serve the third respondent in the United States of America. In summary, the court allowed the joinder of BLC, granted leave to amend the amended originating application and amended statement of claim, and granted leave to serve the third respondent in the United States of America. The Applicants were ordered to pay the Respondents' costs thrown away consequent upon the amendments allowed. The Applicants were also ordered to file and serve the Amended Statement of Claim within two days of these orders, and the respondents were ordered to file and serve their respective defences within specified timeframes. The matter was re-listed for a case management hearing, and costs were reserved.