Mirrabelle P/L v Walker Group Constructions (Q) P/L

[2009] QSC 120

SUPREME COURT OF QUEENSLAND

CITATION:

Mirrabelle P/L v Walker Group Constructions (Q) P/L  [2009] QSC 120

PARTIES:

MIRRABELLE PTY LTD ACN 108 837 609
(plaintiff)
v
WALKER GROUP CONSTRUCTIONS (QLD) PTY LTD
ACN 114 375 745
(defendant)

FILE NO/S:

BS 6961 of 2007

DIVISION:

Trial Division

PROCEEDING:

Application without oral hearing

ORIGINATING COURT:

Supreme Court

DELIVERED ON:

21 May 2009

DELIVERED AT:

Brisbane

HEARING DATE:

JUDGE:

Martin J

ORDER:

(a)      The claim and statement of claim herein be amended by deleting the words “Mirrabelle Pty Ltd” in the title of the claim and statement of claim  and inserting the words “Juniper Constructions (Qld) Pty Ltd”

(b)      The costs of and incidental to this application be costs in the cause.

CATCHWORDS:

Uniform Civil Procedure Rules, r 375, r 377

COUNSEL:

SOLICITORS:

Gadens Lawyers for the plaintiff

1. This is an application without oral hearing for an order pursuant to r 375 or r 377 or both of the Uniform Civil Procedure Rules that the plaintiff’s claim and statement of claim be amended in the form attached to the affidavit of Jodi Nicole Palmer filed 1 May 2009.

1. The only amendment sought is to change the name of the plaintiff in the originating process from Mirrabelle Pty Ltd to Juniper Constructions (Qld) Pty Ltd.

1. The plaintiff changed its name on 13 October 2008. The respondent has not sought to be heard on this application. There is no reason not to grant the application.

1. I order that:

(a)        The claim and statement of claim herein be amended by deleting the words “Mirrabelle Pty Ltd” in the title of the claim and statement of claim and inserting the words “Juniper Constructions (Qld) Pty Ltd”,

(b)        The costs of and incidental to this application be costs in the cause.