CHANTEC PTY LTD -v- COMGROUP SUPPLIES PTY LTD & ORS [2004] WASC 64
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASC 64 | |
| Case No: | CIV:2321/2001 | 2 APRIL 2004 | |
| Coram: | MASTER SANDERSON | 8/04/04 | |
| 5 | Judgment Part: | 1 of 1 | |
| Result: | Leave to amend granted | ||
| B | |||
| PDF Version |
| Parties: | CHANTEC PTY LTD (ACN 009 314 836) COMGROUP SUPPLIES PTY LTD (ACN 008 732 465) HUNGRY JACK'S PTY LTD (ACN 008 747 073) CONVENIENCE FOODS PTY LTD (ACN 010 618 434) |
Catchwords: | Practice and procedure Application to amend statement of claim Turns on own facts |
Legislation: | Nil |
Case References: | Briggs v Glentham Pty Ltd (1992) 8 WAR 339 Chantec Pty Ltd v Comgroup Supplies Pty Ltd [2001] WASCA 238 Danziger v Thompson & Ors [1944] 1 KB 654 Dillon v Nash [1950] VLR 293 Parker v Manessis [1974] WAR 54 Ciavarella v Balmer (1983) 153 CLR 438 Computer Edge Pty Ltd v Apple Computers Inc (1984) 54 ALR 767 McKechnie v Campbell (1996) 17 WAR 62 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
COMGROUP SUPPLIES PTY LTD (ACN 008 732 465)
First Defendant
HUNGRY JACK'S PTY LTD (ACN 008 747 073)
Second Defendant
CONVENIENCE FOODS PTY LTD (ACN 010 618 434)
Third Defendant
Catchwords:
Practice and procedure - Application to amend statement of claim - Turns on own facts
Legislation:
Nil
(Page 2)
Result:
Leave to amend granted
Category: B
Representation:
Counsel:
Plaintiff : Mr G H Murphy
First Defendant : No appearance
Second Defendant : Mr S Penglis
Third Defendant : Mr S Penglis
Solicitors:
Plaintiff : Griffiths & Godecke
First Defendant : No appearance
Second Defendant : Freehills
Third Defendant : Freehills
Case(s) referred to in judgment(s):
Briggs v Glentham Pty Ltd (1992) 8 WAR 339
Chantec Pty Ltd v Comgroup Supplies Pty Ltd [2001] WASCA 238
Danziger v Thompson & Ors [1944] 1 KB 654
Dillon v Nash [1950] VLR 293
Parker v Manessis [1974] WAR 54
Case(s) also cited:
Ciavarella v Balmer (1983) 153 CLR 438
Computer Edge Pty Ltd v Apple Computers Inc (1984) 54 ALR 767
McKechnie v Campbell (1996) 17 WAR 62
(Page 3)
1 MASTER SANDERSON: This is the plaintiff's application for leave to amend its statement of claim in terms appearing endorsed on an amended writ of summons filed 31 October 2003. The defendants object to the terms of the amendment. In particular, they object to the amended par 6A through to par 20. Despite the large number of paragraphs to which objection is taken, the defendants really only raise two points. Each can be quite simply dealt with. However, it is first necessary to say something about the history of this action.
2 By written…
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- Case
- [2004] WASC 64
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address were whether the plaintiff's proposed amendment, which sought to establish the existence of a tripartite contract among the parties, was permissible under the circumstances, and whether the judgment already obtained against one defendant precluded the plaintiff from pursuing claims against the other defendants. The court needed to determine if the proposed amendments to the statement of claim were admissible under the principles of parole evidence and whether the prior judgment against one defendant barred further claims against the others.
In its reasoning, the court held that the plea in paragraph 12 of the amended statement of claim, which proposed that the original contract was a tripartite agreement, was valid. The court cited established legal principles that allowed for the introduction of parole evidence to clarify the true nature of a contract, even if the document itself appeared unambiguous. Additionally, the court rejected the argument that the prior judgment against one defendant precluded further claims against the others, noting that the previous judgment was interlocutory and did not preclude the plaintiff from seeking judgment against the additional defendants. Consequently, the court granted the plaintiff's application for leave to amend the statement of claim.
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