Vok Beverages Pty Ltd v Diageo Brands BV

In the matter of *Vok Beverages Pty Ltd v Diageo Brands BV*, the appeal concerned an application to amend pleadings that had been refused by the primary judge. The appeal was heard by Meagher, Barrett and Leeming JJA.

The central legal issue before the Court of Appeal was whether the proposed amendments to the pleadings were arguable and ought to be allowed, having regard to the principles of case management.

The Court of Appeal allowed the appeal, setting aside the orders made by the primary judge. Their Honours reasoned that the proposed amendments were arguable and that, in the context of case management, leave to amend should be granted. The Court granted leave to the appellant to file and serve a Commercial List Summons and Statement in the form of the draft documents provided. The appellant was ordered to pay the costs thrown away by the amendments, while the respondent was ordered to pay the costs of the application for leave to amend before the primary judge and the costs of the proceedings in the Court of Appeal.