NSW Caselaw
New South Wales Supreme Court
CITATION : Riverina Wines Pty Limited v Tetra Pak Marketing Pty Limited & Ors [2007] NSWSC 1014 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 24 August 2007
JUDGMENT DATE : 11 September 2007
JUDGMENT OF : Fullerton J
DECISION : 1. Leave is granted to permit the plaintiff to further amend the statement of claim strictly in accordance with the Schedule annexed to this judgment.; 2. By reason of the delay in seeking leave to amend the plaintiff is to pay the defendants' costs of the motion.
CATCHWORDS : Leave to amend statement of claim
LEGISLATION CITED : Civil Procedure Act 2001 Trade Practices Act 1974 (Cth)
Burford v Clifford [1932] 2 Ch 122 Chatsworth Investments Ltd v Amoco (UK) Ltd [1968] 1 Ch 665 Greater Lithgow City Council v Wolfenden [2007] NSWCA 180 CASES CITED : McGee v Yeomans [1977] 1 NSWLR 273 New Cap Reinsurance Corporation v Reaseguros Alianza SA (2004) 186 FLR 175 Rodgers v Federal Commissioner of Taxation (1998) 158 ALR 220 Weldon v Neal (1887) 19 QBD 394
Riverina Wines Pty Limited (Plaintiff) PARTIES : Tetra Pak Marketing Pty Limited (First Defendant) Australian Natural Foods Holdings Limited (Second Defendant) Classic Foods Pty Limited (Third Defendant)
FILE NUMBER(S) : SC 2003/20308
SJ Stanton (Plaintiff) COUNSEL : NE Chen (First Defendant) R McKeand SC (Second Defendant) R Cavanagh (Third Defendant)
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