Hartnett v Hynes

Case [2009] QSC 225


SUPREME COURT OF QUEENSLAND

CITATION:

Hartnett v Hynes [2009] QSC 225

PARTIES:

BEAU TIMOTHY JOHN HARTNETT
(plaintiff/applicant)
v
ROBERT MARK HYNES
(defendant/respondent)

FILE NO/S:

BS 7747 of 2007

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

11 August 2009

DELIVERED AT:

Brisbane

HEARING DATE:

19 June 2009
Supplementary written submissions 7 August 2009

JUDGE:

Applegarth J

ORDER:

On the application for leave to amend:
1. The plaintiff be granted leave to file and serve an amended claim and a third amended statement of claim in a form to be prepared in draft by the plaintiff in accordance with these reasons for judgment, delivered to the defendant and reviewed by Applegarth J at a further review of the matter;
2. The parties prepare draft minutes of order including orders as to costs;
3. The parties prepare draft minutes of order in relation to the completion of interlocutory steps and the preparation of the matter for trial.
4. The application be adjourned to a date to be fixed for the making of further orders, including orders as to costs.

On the application for disclosure and inspection:
1. The application regarding disclosure and inspection filed 22 May 2009 is dismissed.
2. There be no order as to costs in relation to the application.

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER RULES OF COURT – PLEADING – STATEMENT OF CLAIM – where the plaintiff seeks to amend his claim and statement of claim – where leave is required to amend – whether leave should be granted

PROCEDURE – COSTS – DEPARTING FROM THE GENERAL RULE – CONDUCT OF PARTIES – where application for disclosure and inspection resolved – whether the applicant acted reasonably in bringing the application – whether the respondent acted reasonably in resisting it

Partnership Act 1891 (Qld), s 27(1)(i)
Uniform Civil Procedure Rules
1999 (Qld), r 5(1), r 5(2), r 5(3), r 5(4), r 149, r 157, r 171(1)(b), r 375, r 376(4), r 377, r 379, r 386, r 444

Aon Risk Services Australia Ltd v Australia National University [2009] HCA 27, applied
Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194, applied
The Beach Retreat Pty Ltd v Mooloolaba Marina Ltd [2008] QCA 224, cited
Birkett v James [1978] AC 297, cited
Borsato v Campbell [2006] QSC 191, applied
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541, cited
Central Sawmilling No 1 Pty Ltd v State of Queensland [2003] QCA 311, cited
Cohen v Cohen (1929) 42 CLR 91, cited
Draney v Barry [2002] 1 Qd R 145, cited
Hewitt v Henderson [2006] WASCA 233, cited
Ketteman v Hansel Properties Ltd [1987] AC 189, cited
Page v The Central Queensland University [2006] QCA 478, applied
R v Lawrence [1982] AC 510, cited
The Salvation Army (South Australia Property Trust) v Graham Rundle [2008] NSWCA 347, cited
State of Queensland v JL Holdings…

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Details
AGLC
Hartnett v Hynes [2009] QSC 225
Case
[2009] QSC 225
Decision Date

CaseChat Overview and Summary

The parties to this case are Hartnett, the plaintiff, and Hynes, the defendant. The dispute concerns the plaintiff's attempts to amend his claim and statement of claim, as well as the defendant's application for disclosure and inspection. The matter was heard in the Supreme Court of Queensland. The central legal issue before the court was whether the plaintiff should be granted leave to amend his claim and statement of claim. Additionally, the court had to determine whether the plaintiff had acted reasonably in bringing the application for disclosure and inspection, and whether the defendant had acted reasonably in resisting it.

The court considered the relevant rules of court concerning pleading and amendments. It examined the conduct of both parties in relation to the application for disclosure and inspection. The court found that the plaintiff's application for amendment was reasonable, taking into account the circumstances of the case and the need for fairness and justice. The court granted the plaintiff leave to amend his claim and statement of claim, subject to certain conditions. Regarding the application for disclosure and inspection, the court found that both parties had acted reasonably, and dismissed the application without ordering costs.

In its judgment, the court ordered that the plaintiff be granted leave to file and serve an amended claim and a third amended statement of claim. The court also directed the parties to prepare draft minutes of order, including orders as to costs. The application was adjourned to a later date for further orders, including those relating to costs. The application for disclosure and inspection was dismissed, and no costs were ordered in relation to it.

Orders

Orders of the court

On the application for leave to amend:

1. The plaintiff be granted leave to file and serve an amended claim and a third amended statement of claim in a form to be prepared in draft by the plaintiff in accordance with these reasons for judgment, delivered to the defendant and reviewed by Applegarth J at a further review of the matter;

2. The parties prepare draft minutes of order including orders as to costs;

3. The parties prepare draft minutes of order in relation to the completion of interlocutory steps and the preparation of the matter for trial.

4. The application be adjourned to a date to be fixed for the making of further orders, including orders as to costs.

On the application for disclosure and inspection:

1. The application regarding disclosure and inspection filed 22 May 2009 is dismissed.

2. There be no order as to costs in relation to the application.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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