Firstmac Ltd v Hunt & Hunt (a firm)

The case of Firstmac Ltd v Hunt & Hunt (a firm) involved a dispute in the Supreme Court of Victoria. The plaintiffs, Firstmac Ltd, sought to amend their statement of claim after the close of pleadings. The defendant, Hunt & Hunt, applied to strike out certain amendments, arguing that they introduced new time-barred causes of action without the necessary leave of the court. The plaintiffs opposed the application, asserting that the amendments did not introduce new causes of action or, alternatively, they should be granted leave to make the amendments.

The court had to determine whether the plaintiffs' amendments introduced new time-barred causes of action, which required leave of the court. The court also needed to decide whether the plaintiffs should be granted leave to make the amendments. The court considered the nature of the amendments and whether they were within the scope of the original pleadings. The defendant argued that the amendments were substantive and introduced new causes of action that were time-barred, while the plaintiffs maintained that the amendments were merely clarifications or did not introduce new causes of action. The court was required to weigh these arguments and determine whether the amendments were permissible.

The court found that the amendments introduced new matters that were not pleaded in the original statement of claim, and therefore required leave of the court. However, the plaintiffs had not sought or obtained leave for these amendments. The court held that the plaintiffs' amendments should be struck out as they introduced new time-barred causes of action without the necessary leave. The court directed the plaintiffs to notify the defendant and the Associate to Bond J by a specified date if they wished to be heard on the issue of deficiencies in their pleading. If the plaintiffs chose not to be heard, the parties were directed to bring in minutes of order consistent with the court's reasons, and any disputes would be resolved by the court.