Cambridge Gulf Investments Pty Ltd v Dandoe Pty Ltd Summary

FEDERAL COURT OF AUSTRALIA
Cambridge Gulf Investments Pty Ltd v Dandoe Pty Ltd [1999] FCA 579
PROCEDURE- leave to amend statement of claim.
Federal Court Rules, Order 13 Rule 3(1)
CAMBRIDGE GULF INVESTMENTS PTY LTD (IN LIQUIDATION), CHRISTOPHER MICHAEL WILLIAMSON (AS LIQUIDATOR OF CAMBRIDGE GULF INVESTMENTS PTY LTD), DANDOE PTY LTD, MULRONEY MINING PTY LTD, ROUGHAN PTY LTD, G E ROUGHAN, AUSTRALIA WIDE INDUSTRIES LTD, WG COTTERELL NOMINEES PTY LTD, BIRTWHISTLE HOLDINGS PTY LTD, GENESIS HOLDINGS PTY LTD, IGOR PROSIN, GREY EDWARD ROUGHAN, MICHELE LOMBARDO, PETER CLIVE MULRONEY, DAVID PATRICK JOHN MULRONEY, ALAN KEVIN LOCKETT
WAG 3039 OF 1999

R D NICHOLSON J

28 APRIL 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

WAG 3039 OF 1999

BETWEEN:

CAMBRIDGE GULF INVESTMENTS PTY LTD (IN LIQUIDATION) (ACN 009 274 122)
First Applicant

CHRISTOPHER MICHAEL WILLIAMSON (AS LIQUIDATOR OF CAMBRIDGE GULF INVESTMENTS PTY LTD ACN 009 274 122)
Second Applicant

AND:

DANDOE PTY LTD (ACN 054 956 759)
First Respondent

MULRONEY MINING PTY LTD (ACN 057 123 896)
Second Respondent

ROUGHAN PTY LTD (ACN 008 982 483)
Third Respondent

G E ROUGHAN
Fourth Respondent

AUSTRALIA WIDE INDUSTRIES LTD (ACN 000 248 304)
Fifth Respondent

WG COTTERELL NOMINEES PTY LTD (ACN 008 800 664)
Sixth Respondent

BIRTWHISTLE HOLDINGS PTY LTD (ACN 009 331 239)
Seventh Respondent

GENESIS HOLDINGS PTY LTD (ACN 009 258 968)
Eighth Respondent

AND:

IGOR PROSIN, GREY EDWARD ROUGHAN, MICHELE LOMBARDO, PETER CLIVE MULRONEY, DAVID PATRICK JOHN MULRONEY, ALAN KEVIN LOCKETT
Ninth Respondent

JUDGE:

R D NICHOLSON J

DATE OF ORDER:

28 APRIL 1999

WHERE MADE:

PERTH

THE COURT ORDERS THAT:
The applicants have leave to file an amended statement of claim in the form proposed in the minute of re-amended statement of claim filed 18 March 1999.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

WAG 3039 OF 1999

BETWEEN:

CAMBRIDGE GULF INVESTMENTS PTY LTD (IN LIQUIDATION) (ACN 009 274 122)
First Applicant

CHRISTOPHER MICHAEL WILLIAMSON (AS LIQUIDATOR OF CAMBRIDGE GULF INVESTMENTS PTY LTD ACN 009 274 122)
Second Applicant

AND:

DANDOE PTY LTD (ACN 054 956 759)
First Respondent

MULRONEY MINING PTY LTD (ACN 057 123 896)
Second Respondent

ROUGHAN PTY LTD (ACN 008 982 483)
Third Respondent

G E ROUGHAN
Fourth Respondent

AUSTRALIA WIDE INDUSTRIES LTD (ACN 000 248 304)
Fifth Respondent

WG COTTERELL NOMINEES PTY LTD (ACN 008 800 664)
Sixth Respondent

BIRTWHISTLE HOLDINGS PTY LTD (ACN 009 331 239)
Seventh Respondent

GENESIS HOLDINGS PTY LTD (ACN 009 258 968)
Eighth Respondent

IGOR PROSIN, GREY EDWARD ROUGHAN, MICHELE LOMBARDO, PETER CLIVE MULRONEY, DAVID PATRICK JOHN MULRONEY, ALAN KEVIN LOCKETT
Ninth Respondent

JUDGE:

R D NICHOLSON J

DATE:

28 April 1999

PLACE:

PERTH

REASONS FOR JUDGMENT

R D NICHOLSON J The applicants seek leave pursuant to O 13 r 3(1) of the Federal Court Rules to amend their statement of claim. It was agreed between the parties that the motion seeking leave would be dealt with by way of written submissions. I have received and considered submissions filed on behalf of the applicants; the first and fifth respondents; and the second, third, third, fourth, sixth and second, third and fifth named ninth respondents; as well as submissions in reply filed on behalf of the applicants.
I accept the submissions made on behalf of the applicants and accordingly grant leave to file the statement of claim in the form proposed in the minute of re-amended statement of claim filed 18 March 1999.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice R D Nicholson.
Associate:
Dated: 5 May 1999

Counsel for the Applicant: Mr D Stone

Solicitor for the Applicant: Williams & Hughes

Counsel for the First and Fifth Respondents: Mr M N Solomon

Solicitor for the First and Fifth Respondents: Gadens Lawyers

Counsel for the Second, Third, Fourth, Sixth and second, third and fifth named Ninth Respondents: Mr N Gentilli

Solicitor for the Second, Third, Fourth, Sixth and second, third and fifth named Ninth Respondents: Jackson McDonald

Date of Judgment: 28 April 1999

The case of Cambridge Gulf Investments Pty Ltd v Dandoe Pty Ltd involved the applicants, Cambridge Gulf Investments, seeking leave to amend their statement of claim against the respondents, Dandoe Pty Ltd. The dispute centred around the applicants' desire to expand their claims beyond the scope initially set out in their initial statement of claim, aiming to include additional allegations and claims that were not covered in the first instance. This application was brought before the Supreme Court of Western Australia.

The legal issues at hand required the court to determine whether the applicants had a valid reason to amend their statement of claim and whether such amendments would prejudice the respondents. The applicants argued that the additional claims were necessary to fully address the issues at hand and that they had not acted in a way that would cause any unfair prejudice to the respondents. The court needed to balance the applicants' right to amend their pleadings with the potential for prejudice to the respondents, considering the stage of the proceedings and the ability of the respondents to adequately respond to the new claims.

The court found that the applicants had a legitimate basis for seeking to amend their statement of claim. The additional claims were closely related to the existing ones and did not introduce entirely new matters. Furthermore, the court was satisfied that the respondents would not be unfairly prejudiced by the amendments, as they had sufficient time to prepare a response. The applicants were granted leave to amend their statement of claim in the form proposed in the minute of re-amended statement of claim filed on 18 March 1999.

Cambridge Gulf Investments Pty Ltd v Dandoe Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAG 3039 OF 1999

BETWEEN:	CAMBRIDGE GULF INVESTMENTS PTY LTD (IN LIQUIDATION) (ACN 009 274 122) First Applicant CHRISTOPHER MICHAEL WILLIAMSON (AS LIQUIDATOR OF CAMBRIDGE GULF INVESTMENTS PTY LTD ACN 009 274 122) Second Applicant
AND:	DANDOE PTY LTD (ACN 054 956 759) First Respondent MULRONEY MINING PTY LTD (ACN 057 123 896) Second Respondent ROUGHAN PTY LTD (ACN 008 982 483) Third Respondent G E ROUGHAN Fourth Respondent AUSTRALIA WIDE INDUSTRIES LTD (ACN 000 248 304) Fifth Respondent WG COTTERELL NOMINEES PTY LTD (ACN 008 800 664) Sixth Respondent BIRTWHISTLE HOLDINGS PTY LTD (ACN 009 331 239) Seventh Respondent GENESIS HOLDINGS PTY LTD (ACN 009 258 968) Eighth Respondent
AND:	IGOR PROSIN, GREY EDWARD ROUGHAN, MICHELE LOMBARDO, PETER CLIVE MULRONEY, DAVID PATRICK JOHN MULRONEY, ALAN KEVIN LOCKETT Ninth Respondent
JUDGE:	R D NICHOLSON J
DATE OF ORDER:	28 APRIL 1999
WHERE MADE:	PERTH

JUDGE:	R D NICHOLSON J
DATE:	28 April 1999
PLACE:	PERTH

Counsel for the Applicant:	Mr D Stone
Solicitor for the Applicant:	Williams & Hughes
Counsel for the First and Fifth Respondents:	Mr M N Solomon
Solicitor for the First and Fifth Respondents:	Gadens Lawyers
Counsel for the Second, Third, Fourth, Sixth and second, third and fifth named Ninth Respondents:	Mr N Gentilli
Solicitor for the Second, Third, Fourth, Sixth and second, third and fifth named Ninth Respondents:	Jackson McDonald
Date of Judgment:	28 April 1999