JOSSON P/L & ANOR v. ENVOTEC P/L & 2 ORS [2002] NSWSC 500

New South Wales Supreme Court

CITATION : JOSSON P/L & ANOR v. ENVOTEC P/L & 2 ORS [2002] NSWSC 500 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 3115/01 HEARING DATE(S) : 06/05/2002 JUDGMENT DATE : 5 June 2002

Josson Pty Ltd - 1st Plaintiff Raljos International Pty Ltd - 2nd Plaintiff PARTIES : Envotec Pty Ltd - 1st Defendant Rexam Australia Pty Ltd - 2nd Defendant Rexam Inc - 3rd Defendant JUDGMENT OF : Bryson J at 1

COUNSEL : C. Birch SC & M. Sneddon - Plaintiffs A.S. Bell - Defendants SOLICITORS : Burridge & Legg Solicitors - Plaintiffs Corrs Chambers Westgrath - Defendants CATCHWORDS : PRACTICE and PROCEDURE - application for leave to amend Statement of Claim under Supreme Court Rules 1970 (NSW) Part 10, r.1A - under Pt.20 r.1, plaintiffs should be allowed to redraft pleadings and raise contentions which they genuinely wish to raise provided that the case which they wish to put forward is fairly arguable and can be understood from their pleading - a Barnes v. Addy recipient liability was not arguable with no basis in fact - the facts alleged in the proposed Amended Statement of Claim could not give rise to a claim for unjust enrichment - Pt.15, r.7 of the Supreme Court Rules authorises pleading allegations of fact and raising grounds or claims in the alternative. - PRIVATE INTERNATIONAL LAW - Application to set aside service of 3rd defendant under Supreme Court Rules 1970 (NSW) PT. 11 r. 98 and Pt.10 r.6A - service of the originating process to the 3rd defendant did not come under Pt.10 r.1A - held that 3rd defendant was properly joined as a party to the proceedings under Pt.10 r.1A(1). LEGISLATION CITED : Trade Practices Act 1974 Agar v. Hyde (2000) 201 CLR 552 CASES CITED : Ramsey v. Vogler [2000] NSWCA 260 Paper Products Pty Ltd v. Tomlinson (Rockdale) Ltd (No.2) (1993) 33 FCR 485 Sydbank Seonderjylland v. Bannerton Holdings Pty Ltd (1996) 68 FCR 539 DECISION : See para 36 - allow plaintiffs to redraft Amended Statement of Claim.