NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Vok Beverages Pty Ltd v Diageo Brands BV [2014] NSWSC 1090 Hearing dates: 31 July 2014 Decision date: 13 August 2014 Before: Ball J Decision: See paragraphs 51 and 52 of this judgment. Catchwords: PROCEDURE - civil - pleadings - application for leave to file further amended Commercial List Statement and for related order for discovery - whether amendments raise at least an arguable case - whether amendments consistent with just, quick and cheap resolution of proceedings - whether in the interests of justice that amendments be permitted Legislation Cited: Corporations Act 2001 (Cth), s 9 Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59, 60 Trade Practices Act 1974 (Cth), s 51AC (now the Australian Consumer Law, contained in Competition and Consumer Act 2010 (Cth), Sch 2) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; (1982) 149 CLR 337 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd [1979] HCA 51; (1979) 144 CLR 596 Category: Procedural and other rulings Parties: Vok Beverages Pty Ltd (ACN 100 599 362) (Plaintiff) Diageo Brands BV (First Defendant) Diageo Australia Ltd (ACN 004 167 720) (Second Defendant) Diageo Scotland Ltd (Third Defendant) Diageo North America Inc (Fourth Defendant) Ursus Vodka Holding NV (Fifth Defendant) The "Old Bushmills" Distillery Co. Limited (Sixth Defendant) Representation: Counsel: L V Gyles SC with Ms S Fendekian (Plaintiff) N A Cotman SC with J Tobin (Defendants) Solicitors: Piper Alderman (Plaintiff) Gadens (Defendants) File Number(s): 2013/21633 Publication restriction: None
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