Goodwill Group Pty Ltd v Pongrass Associates Pty Ltd [2003] FCAFC 51

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

APPLICANT

AND: PONGRASS ASSOCIATES PTY LIMITED

ACN 070 660 954

FIRST RESPONDENT

PONGRASS INVESTMENTS GROUP PTY LIMITED

ACN 000 704 932

SECOND RESPONDENT

MOUNTAIN SUNSET PTY LTD

ACN 053 954 582

THIRD RESPONDENT

ACME AVALANCHE PTY LTD

ACN 058 604 907

FOURTH RESPONDENT

STEVEN PONGRASS

FIFTH RESPONDENT

STEPHEN CHARLES BERRY

SIXTH RESPONDENT

PETER GEORGE KENSEY

SEVENTH RESPONDENT JUDGES: MOORE, TAMBERLIN AND HELY JJ