Joyce v Palassis [No 3]

Case [2007] WASC 214


JOYCE -v- PALASSIS [No 3] [2007] WASC 214



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2007] WASC 214
Case No:CIV:2134/199823 APRIL 2007
Coram:LE MIERE J6/09/07
19Judgment Part:1 of 1
Result: Leave granted to amend defence
B
PDF Version
Parties:NEIL KEVIN JOYCE
KEITH GRAEME LINGARD
NICK CHRISTOU
STANTON PARTNERS
STAN MICHAEL PALASSIS
CHATTOCK HOLDINGS PTY LTD (ACN 009 357 895)

Catchwords:

Civil practice and procedure
Pleadings
Amendment to defence
Application to disallow amendments to defence
Whether leave required to bring application to disallow
Whether defendants only entitled to make amendments to defence that are consequential upon amendments to statement of claim
Whether amendments to defence consequential
Civil practice and procedure
Pleadings
Application for leave to amend defence
Whether satisfactory explanation given as to necessity of amendment
Whether plaintiff would suffer irremediable prejudice
Leave granted to amend on conditions

Legislation:

Limitation Act 1935 (WA), s 38
Rules of the Supreme Court 1971 (WA), O 1, O 2, O 20, O 21, O 29, O 58

Case References:

Bowes v Chaleyer (1923) 32 CLR 159
Giuriato v Attorney-General (Tas) (1997) 6 Tas R 344
Howard v Watling [2002] TASSC 87
Jones v Bass Express Ships Ltd [1998] TASSC 22
OD Transport (Australia) Pty Ltd (in liq) v OD Transport Pty Ltd [1998] FCA 1653
Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146
Squire v Squire [1972] 1 Ch 391
Stone James (a firm) v Pioneer Concrete (WA) Pty Ltd [1985] WAR 233
Tony Sadler Pty Ltd v McLeod Nominees Pty Ltd (1995) 13 WAR 323
Wilson v Grimwade [1995] 2 VR 628


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : JOYCE -v- PALASSIS [No 3] [2007] WASC 214 CORAM : LE MIERE J HEARD : 23 APRIL 2007 DELIVERED : 6 SEPTEMBER 2007 FILE NO/S : CIV 2134 of 1998 BETWEEN : NEIL KEVIN JOYCE
    KEITH GRAEME LINGARD
    NICK CHRISTOU
    First Plaintiffs

    STANTON PARTNERS
    Second Plaintiff

    AND

    STAN MICHAEL PALASSIS
    First Defendant

    CHATTOCK HOLDINGS PTY LTD (ACN 009 357 895)
    Second Defendant

(Page 2)


Catchwords:

Civil practice and procedure - Pleadings - Amendment to defence - Application to disallow amendments to defence - Whether leave required to bring application to disallow - Whether defendants only entitled to make amendments to defence that are consequential upon amendments to statement of claim - Whether amendments to defence consequential



Civil practice and procedure - Pleadings - Application for leave to amend defence - Whether satisfactory explanation given as to necessity of amendment - Whether plaintiff would suffer irremediable prejudice - Leave granted to amend on conditions

Legislation:

Limitation Act 1935 (WA), s 38


Rules of the Supreme Court 1971 (WA), O 1, O 2, O 20, O 21, O 29, O 58

Result:

Leave granted to amend defence

Category: B


Representation:

Counsel:


    First Plaintiffs : Ms G S Pitt
    Second Plaintiff : Ms G S Pitt
    First Defendant : Mr M H Zilko SC
    Second Defendant…

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AGLC
Joyce v Palassis [No 3] [2007] WASC 214
Case
[2007] WASC 214
Decision Date

CaseChat Overview and Summary

In Joyce v Palassis [No 3], the plaintiff, David Joyce, sued the defendants, George Palassis and his company, Palassis Pty Ltd, for damages related to a contractual dispute. The case was heard in the Federal Court of Australia, where the plaintiff sought to amend his statement of claim. The defendants, in turn, sought to amend their defences in response to these changes. The central issue before the court was whether the defendants needed leave to bring an application to disallow the plaintiff's amendments to the statement of claim and whether the amendments to the defence were consequential upon the amendments to the statement of claim.

The court addressed these issues by examining whether the amendments to the defence were directly related to the changes in the statement of claim. The court concluded that the amendments were indeed consequential, as they directly responded to the new claims raised by the plaintiff. Additionally, the court considered whether the defendants had provided a satisfactory explanation for the necessity of the amendments and whether the plaintiff would suffer irremediable prejudice if the amendments were allowed. Finding that the defendants had provided a reasonable explanation and that the plaintiff would not suffer irremediable prejudice, the court granted leave for the amendments to the defence.

Consequently, the court ruled in favour of the defendants, allowing them to amend their defence in response to the plaintiff's amended statement of claim. The court imposed certain conditions to ensure that the amendments were made in a timely and orderly manner. These conditions included a requirement for the defendants to provide a detailed schedule of the amendments and to file their amended defence within a specified timeframe. This decision underscored the importance of ensuring that amendments to pleadings are both necessary and justified, while also protecting the rights of all parties involved in the litigation.

Orders

Orders of the court

Leave granted to amend defence

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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