Business Travel Media Pty Ltd v GroupM Communications Pty Ltd [2023] FCA 512

Federal Court of Australia

Business Travel Media Pty Ltd v GroupM Communications Pty Ltd [2023] FCA 512 File number: NSD 1030 of 2022

Judgment of: LEE J

Date of judgment: 17 May 2023

Date of publication of reasons: 23 May 2023

Catchwords: PRACTICE AND PROCEDURE – pleadings in contract cases – proposed amended statement of claim deficient –applicant given further indulgence to re-plead

Cases cited: Business Travel Media Pty Ltd v M Media Group Pty Ltd [2023] FCA 411

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 14

Date of hearing: 17 May 2023

Counsel for the applicant: Mr K Smark SC with Ms G Edwards

Solicitors for the applicant: Gupta & Co

Counsel for the respondents: Mr B Goodyear

Solicitors for the respondents: Norton Rose Fulbright

ORDERS NSD 1030 of 2022

BETWEEN: BUSINESS TRAVEL MEDIA PTY LTD ACN 146 640 557 Applicant

AND: GROUPM COMMUNICATIONS PTY LTD ACN 009 312 419 First Respondent

M MEDIA GROUP PTY LTD ACN 067 886 131 Second Respondent

order made by: LEE J DATE OF ORDER: 17 MAY 2023

THE COURT ORDERS THAT:

1. The applicant be granted leave to file an amended statement of claim by 5pm on 7 June 2023. 2. The costs of today and in relation to the proposed amended statement of claim served on 11 May 2023, being costs thrown away by reason of the amendment to the statement of claim, form part of the costs order made pursuant to Order 3 of the Orders dated 24 March 2023. 3. On or by 7 June 2023, the applicant provide a further $10,000 in security for the respondents' costs, to be paid into the existing controlled monies account. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.