FEDERAL COURT OF AUSTRALIA
Goodwill Group Pty Ltd v Pongrass Associates Pty Ltd [2003] FCAFC 51
PRACTICE AND PROCEDURE – appeal from primary Judge’s order dismissing application against fifth respondent – primary Judge found no cause of action against fifth respondent in proposed amendment to Statement of Claim – considerations taken into account by primary Judge – failure to consider merits of new claims against fifth respondent –whether arguable case against fifth respondent – whether primary Judge erred in dismissing application against fifth respondent
Federal Court of Australia Act 1976 (Cth) s 23
Queensland v J L Holdings Pty Limited (1997) 189 CLR 146 discussed
THE GOODWILL GROUP PTY LTD v PONGRASS ASSOCIATES PTY LIMITED,
PONGRASS INVESTMENTS GROUP PTY LIMITED, MOUNTAIN SUNSET PTY LTD, ACME AVALANCHE PTY LTD, STEVEN PONGRASS, STEPHEN CHARLES BERRY AND PETER GEORGE KENSEY
N 661 OF 1999
MOORE, TAMBERLIN AND HELY JJ
SYDNEY
25 MARCH 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 661 OF 1999
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
THE GOODWILL GROUP PTY LTD
ACN 056 258 201
APPLICANTAND:
PONGRASS ASSOCIATES PTY LIMITED
ACN 070 660 954
FIRST RESPONDENTPONGRASS INVESTMENTS GROUP PTY LIMITED
ACN 000 704 932
SECOND RESPONDENTMOUNTAIN SUNSET PTY LTD
ACN 053 954 582
THIRD RESPONDENTACME AVALANCHE PTY LTD
ACN 058 604 907
FOURTH RESPONDENTSTEVEN PONGRASS
FIFTH RESPONDENTSTEPHEN CHARLES BERRY
SIXTH RESPONDENTPETER GEORGE KENSEY
SEVENTH RESPONDENTJUDGES:
MOORE, TAMBERLIN AND HELY JJ
DATE OF ORDER:
25 MARCH 2003
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. Leave to appeal is granted.
2. The appeal is allowed.
3.The order made by the primary Judge dismissing the application against the fifth respondent is set aside.
4.The applicant is granted leave to amend its Amended Statement of Claim as against the fifth respondent.
5.The costs of the appeal are the applicant’s costs in the cause.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 661 OF 1999
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
THE GOODWILL GROUP PTY LTD
ACN 056 258 201
APPLICANTAND:
PONGRASS ASSOCIATES PTY LIMITED
ACN 070 660 954
FIRST RESPONDENTPONGRASS INVESTMENTS GROUP PTY LIMITED
ACN 000 704 932
SECOND RESPONDENTMOUNTAIN SUNSET PTY LTD
ACN 053 954 582
THIRD RESPONDENTACME AVALANCHE PTY LTD
ACN 058 604 907
FOURTH RESPONDENTSTEVEN PONGRASS
FIFTH RESPONDENTSTEPHEN CHARLES BERRY
SIXTH RESPONDENTPETER GEORGE KENSEY
SEVENTH RESPONDENT
JUDGES:
MOORE, TAMBERLIN AND HELY JJ
DATE:
25 MARCH 2003
PLACE:
SYDNEY
REASONS FOR JUDGMENT
THE COURT:
This is an application for leave to appeal from a judgment of a Judge of the Court given on 26 September 2002 in which his Honour refused an application by The Goodwill Group Pty Limited (a company controlled by Bradley Cooper (“Cooper”)) to further amend the Amended Statement of Claim as against…
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- Case
- [2003] FCAFC 51
- Decision Date
CaseChat Overview and Summary
The key legal issues before the court were whether the applicant's application to further amend its Amended Statement of Claim should be allowed and whether the proceeding should be summarily dismissed as against Pongrass under O 20 r 2 of the Federal Court Rules. The primary Judge concluded that the proceeding should be dismissed as against Pongrass because there was no case fairly arguable made out against him. The court considered the high threshold for summary dismissal and the need to ensure proceedings are not an abuse of the court's process.
The court granted leave to appeal and allowed the appeal. The order dismissing the application against Pongrass was set aside, and the applicant was granted leave to amend its Amended Statement of Claim as against Pongrass. The costs of the appeal were ordered to be the applicant's costs in the cause.
Orders
Orders of the court
1. Leave to appeal is granted.
2. The appeal is allowed.
3. The order made by the primary Judge dismissing the application against the fifth respondent is set aside.
4. The applicant is granted leave to amend its Amended Statement of Claim as against the fifth respondent.
5. The costs of the appeal are the applicant’s costs in the cause.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by:
Full text does not contain this section.