Firew v Busways Trust

In the case of Firew v Busways Trust, the applicant sought leave to amend the description of the respondents in their application, which was initially filed against Busways Ltd, Iveco, and others. The applicants aimed to correct the names of the respondents to reflect the correct entities involved, specifically the various Busways companies and Iveco Australia Pty Ltd. The matter was heard in the Supreme Court of Victoria.

The court was required to decide whether the applicant should be granted leave to amend the description of the respondents in the application. Additionally, the court had to consider whether the third respondent should be granted leave to apply for summary dismissal and whether the rules of the court should be dispensed with to allow this application to proceed.

The court granted the applicant leave to amend the description of the respondents in the application, allowing the substitution of the correct entities' names. The court also granted the third respondent leave to make an application for summary dismissal and dispensed with the rules of the court that would otherwise prevent this application from proceeding on the same day. However, the application filed against the second and third named respondents was dismissed. The applicant was ordered to pay the third respondent's costs of $1,000. The proceeding was adjourned for further directions, and the applicant and the first respondent were required to attend a mediation session before a specified date. Liberty to apply was granted to the parties in relation to any matters arising out of these orders, and costs were otherwise reserved.