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Roberts Ltd v Frith-Brown

Roberts Ltd v Frith-Brown

Case [2019] TASSC 29 10 July 2019

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[2019] TASSC 29

COURT: SUPREME COURT OF TASMANIA

CITATION: Roberts Ltd v Frith-Brown [2019] TASSC 29

PARTIES:  ROBERTS LIMITED (ACN 009 475 647)
  v
  FRITH-BROWN, Sanders

FRITH-BROWN, Sanders as Executor of the Estate of the late Valerie James

FILE NO/S:  765/2009 and 522/2013
DELIVERED ON:  10 July 2019
DELIVERED AT:  Hobart
HEARING DATES:  27 and 29 May and 7 June 2019
JUDGMENT OF:  Holt AsJ

CATCHWORDS:

Procedure – Civil procedure in State and Territory Courts – Court's supervision – Amendment – Originating process, pleadings etc – Statement of claim – Claim on an account stated – Claim for supply of services where price not agreed – Claim for supply of goods where price not agreed - Exercise of discretion – Leave to amend granted.

Bank of New South Wales v Brown [1983] HCA 1; (1983) 151 CLR 514.
Pavey and Matthews Pty Ltd v Paul [1987] HCA 5; (1987) 162 CLR 221.
Sale of Goods Act 1896 (Tas), ss 13 and 53.
Supreme Court Rules 2000 (Tas), r 427.
Aust Dig Procedure [1107]

REPRESENTATION:

Counsel:
             Plaintiff:  L Sealy SC and C Browne (27 and 29 May) and
  L Sealy SC and T Cox (7 June)
             Defendants:                K Read SC and D Deller (27 May) and
  D Deller (29 May and 7 June)

Solicitors:
Plaintiff: Simmons Wolfhagen

Defendants: Fitzgerald and Browne Lawyers

Judgment Number: [2019] TASSC 29
Number of paragraphs: 78

Serial No 29/2019
File Nos 765/2009
522/2013

ROBERTS LIMITED v SANDERS FRITH-BROWN and SANDERS FRITH-BROWN
AS EXECUTOR OF THE ESTATE OF THE LATE VALERIE JAMES

REASONS FOR JUDGMENT HOLT AsJ
10 July 2019

An application to amend the statement of claim

The plaintiff, Roberts Limited (Roberts) has applied for leave to amend its statement of claim filed in 2014. The defendants, being Sanders Frith-brown (Frith-Brown) and Sanders Frith-Brown as executor of the estate of the late Valerie James, oppose the making of an order granting leave. Valerie James (James) died in 2014 after the commencement of the litigation.
The applicable procedural rule contained in the Supreme Court Rules 2000 is r 427. It is as follows:
"427   Amendment of endorsement or pleadings
(1)      At any time before judgment, the Court or a judge may grant leave to a party to amend any process or pleading in such a manner and on such terms as may be just.
(2)      Subject to subrule (3), the pleadings may be amended as necessary for the purpose of determining the real questions in controversy between the parties.
(2A)    The Court or judge, despite the expiry of any relevant limitation period after the day on which proceedings commenced, may grant leave under subrule (1) if it is satisfied that any other party to the proceedings would not, as a result of granting leave, be prejudiced in the conduct of his or her claim or defence in a way that could not be fairly met by an adjournment, an award of costs or otherwise.

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.

Continue reading Roberts Ltd v Frith-Brown

Details

AGLC: Roberts Ltd v Frith-Brown [2019] TASSC 29
Case: [2019] TASSC 29
Decision Date: 10 July 2019

CaseChat Overview and Summary

The case before the court involved a dispute between Roberts Ltd, the plaintiff, and Frith-Brown, the defendant. The plaintiff sought to recover the costs of services rendered and goods supplied, where the price had not been agreed upon. The proceedings took place in the Supreme Court of Victoria, where the plaintiff filed an amended statement of claim to better reflect the nature of the services and goods supplied. The defendant contested the amendment, arguing that it would prejudice their defence and delay the proceedings.

The central legal issue before the court was whether the plaintiff should be granted leave to amend their statement of claim. The court had to consider the plaintiff's arguments that the amendment was necessary to clarify the nature of the services and goods provided, and the defendant's contention that the amendment would cause prejudice and delay. The court also had to weigh the principles of justice and fairness against the procedural rules governing amendments in civil proceedings.

The court examined the principles governing amendments in civil proceedings, noting that while amendments should generally be discouraged, they may be allowed if the amendment is not an afterthought and if it would not prejudice the opposing party. The court found that the plaintiff's proposed amendment would not prejudice the defendant and would allow the case to proceed more efficiently. The court also noted that the principles of justice and fairness required that the case be decided on its merits, and that the procedural rules should not be used to prevent a just outcome. Based on these considerations, the court granted the plaintiff leave to amend their statement of claim.

The court's decision to grant leave to amend the statement of claim allowed the case to proceed on its merits, ensuring that the dispute could be resolved in a fair and just manner. The court's emphasis on the principles of justice and fairness, and its willingness to depart from strict procedural rules where necessary, demonstrates the court's commitment to achieving just outcomes in civil proceedings.

Orders