Hambleton v DVO Furniture Design Pty Ltd
[2010] QDC 53
•15/02/2010
[2010] QDC 53
DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No 2157 of 2009
| DAVID JAMES HAMBLETON AND OTHERS | Plaintiff |
| and | |
| D.V.O. FURNITURE DESIGN PTY LTD AND ANOR | Defendant |
BRISBANE
..DATE 15/02/2010
ORDER
CATCHWORDS
Uniform Civil Procedure Rules r 377
Leave to amend claim - not a technical matter such as the Registrar could entertain
HIS HONOUR: There is an order in terms of the initialled draft which grants leave for the plaintiff to amend its claim filed on the 4th of August 2009 under rule 377.
The plaintiff liquidators are attempting to recover a preference. That is made clear clearer by the terms of the proposed amended claim in Exhibit 1. There are now declarations sought that duties under the Corporations legislation were breached and the like which carry the claim far beyond that of the original which was rather confusingly expressed but appeared to be a claim for money owing for goods supplied. As Ms Pagey presenting the application says, it's not a technical matter of the kind that the Registrar could deal with.
Order as per initialled draft.
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