Mantech Systems Pty Ltd v Alpha Nursing Pty Ltd - [2004] FCA 754

FEDERAL COURT OF AUSTRALIA
Mantech Systems Pty Ltd v Alpha Nursing Pty Ltd [2004] FCA 754
PRACTICE AND PROCEDURE – leave to amend statement of claim – whether amendments would raise no tenable case
Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 referred to
Breen v Williams (1996) 186 CLR 71 referred to
Pilmer v Duke Group Ltd (in Liquidation) (2001) 207 CLR 165 referred to
Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 referred to
Root Quality Pty Ltd v Root Control Technologies Pty Ltd (2000) 177 ALR 231 referred to
Allen Manufacturing Co Pty Ltd v McCallum (2001) 53 IPR 400 referred to
Reading Australia Pty Ltd v Australian Mutual Provident Society [1999] FCA 718 referred to
Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 referred to
Federal Court Rules, O13 r2
MANTECH SYSTEMS PTY LTD (ACN 006 749 373) &WESTERN NURSING AGENCY PTY LTD (ACN 082 845 430) v ALPHA NURSING PTY LTD (ACN 094 169 847), KAY MALLINSON, SUSAN ANDREEVA, MARGE WAIGHT, SHARON MALLINSON, JOHN MONTALTO & JULIE MACKENZIE
V 275 of 2001
KENNY J
16 JUNE 2004
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 275 OF 2001

BETWEEN:

MANTECH SYSTEMS PTY LTD (ACN 006 749 373)
FIRST APPLICANT

WESTERN NURSING AGENCY PTY LTD (ACN 082 845 430)
SECOND APPLICANT

AND:

ALPHA NURSING PTY LTD (ACN 094 169 847)
FIRST RESPONDENT

KAY MALLINSON
SECOND RESPONDENT

SUSAN ANDREEVA
THIRD RESPONDENT

MARGE WAIGHT
FOURTH RESPONDENT

SHARON MALLINSON
FIFTH RESPONDENT

JOHN MONTALTO
SIXTH RESPONDENT

JULIE MACKENZIE
SEVENTH RESPONDENT

JUDGE:

KENNY J

DATE OF ORDER:

16 JUNE 2004

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

The name of the first respondent be amended in the Court heading to read “Alpha Services Australia Pty Ltd”.

On or before 18 June 2004, the applicants have leave to file and serve their second further amended statement of claim and second further amended application in conformity with the draft second further amended application and draft second further amended statement of claim, which was provided to the Court under cover of a letter from their solicitors dated 11 June 2004.

The respondents file and serve their amended defences on or before 16 July 2004.

The applicants file and serve their affidavits for trial and notices of evidence intended to be adduced from subpoenaed witnesses on or before 1 September 2004.

The directions hearing be adjourned until 8 September 2004.

Liberty to apply.

The applicants pay the respondents’ costs occasioned by and thrown away in consequence of the amendment referred to in paragraph 2 above and otherwise the costs of today be reserved.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 275 OF 2001

BETWEEN:

MANTECH SYSTEMS PTY LTD (ACN 006 749 373)
FIRST APPLICANT

WESTERN NURSING AGENCY PTY LTD (ACN 082 845 430)
SECOND APPLICANT

AND:

ALPHA NURSING PTY LTD (ACN 094 169…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2004] FCA 754
Decision Date: 16 JUNE 2004

CaseChat Overview and Summary

Mantech Systems Pty Ltd brought proceedings against Alpha Nursing Pty Ltd in the Supreme Court of New South Wales. The action revolves around a dispute over a contract between the parties and involves allegations of breach of contract, misrepresentation, and unjust enrichment. The court was tasked with resolving the procedural issues related to the amendment of the parties' names and the management of the case's procedural steps. The matter came before the Court to determine several critical procedural applications, primarily focusing on the amendment of the parties' names and the scheduling of the further amendments to the pleadings and the associated documentation.

The primary legal issues addressed by the Court were whether the applicants, Mantech Systems, should be granted leave to amend the names of the parties in the Court documents and to file and serve further amended statements of claim and applications. Additionally, the Court had to consider the appropriate timeline for the respondents to file and serve their amended defences, as well as the timeline for the filing of affidavits and notices of evidence for the trial. The Court also needed to set a date for the continuation of the directions hearing, which was initially scheduled to manage the procedural aspects of the case.

In resolving these issues, the Court determined that the applicants should be permitted to amend the name of the first respondent to “Alpha Services Australia Pty Ltd” to accurately reflect the parties involved in the litigation. The Court granted leave for the applicants to file and serve their second further amended statement of claim and application by a specified date, ensuring that the procedural requirements were met in a timely manner. Furthermore, the Court set deadlines for the respondents to file and serve their amended defences and for the applicants to provide their affidavits and notices of evidence for the trial. The Court also fixed a date for the next directions hearing to oversee the progress of the case.

The Court further provided liberty to apply for any additional procedural matters that might arise. The orders of the Court were aimed at ensuring that the litigation process proceeded efficiently and that all parties had the opportunity to prepare adequately for the trial.

Orders

Orders of the court

1. The name of the first respondent be amended in the Court heading to read “Alpha Services Australia Pty Ltd”.

2. On or before 18 June 2004, the applicants have leave to file and serve their second further amended statement of claim and second further amended application in conformity with the draft second further amended application and draft second further amended statement of claim, which was provided to the Court under cover of a letter from their solicitors dated 11 June 2004.

3. The respondents file and serve their amended defences on or before 16 July 2004.

4. The applicants file and serve their affidavits for trial and notices of evidence intended to be adduced from subpoenaed witnesses on or before 1 September 2004.

5. The directions hearing be adjourned until 8 September 2004.

6. Liberty to apply.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

KENNY J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: KENNY J

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 275 OF 2001

BETWEEN:	MANTECH SYSTEMS PTY LTD (ACN 006 749 373) FIRST APPLICANT WESTERN NURSING AGENCY PTY LTD (ACN 082 845 430) SECOND APPLICANT
AND:	ALPHA NURSING PTY LTD (ACN 094 169 847) FIRST RESPONDENT KAY MALLINSON SECOND RESPONDENT SUSAN ANDREEVA THIRD RESPONDENT MARGE WAIGHT FOURTH RESPONDENT SHARON MALLINSON FIFTH RESPONDENT JOHN MONTALTO SIXTH RESPONDENT JULIE MACKENZIE SEVENTH RESPONDENT
JUDGE:	KENNY J
DATE OF ORDER:	16 JUNE 2004
WHERE MADE:	MELBOURNE