Vok Beverages Pty Ltd v Diageo Brands BV [2014] NSWCA 322

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Vok Beverages Pty Ltd v Diageo Brands BV [2014] NSWCA 322 Hearing dates: 11 September 2014 Decision date: 16 September 2014 Before: Meagher JA; Barrett JA; Leeming JA Decision: Orders made 11 September 2014: 1. Grant leave to appeal. 2. Direct the applicant to file and serve a notice of appeal in the form of the draft notice of appeal at pages 37-41 of the White Book within 7 days, and dispense with the requirement for service of that notice of appeal. 3. Appeal allowed. 4. Set aside the orders made by Ball J on 13 August 2014. 5. Grant leave to the appellant to file and serve a Commercial List Summons and Commercial List Statement in the form of the document at pages 118-132 of the White Book. 6. Order the appellant to pay the costs thrown away by those amendments. 7. Order the respondent to pay the costs of the application for leave to amend before Ball J and of the proceedings in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE - amendment application - appeal from refusal by primary judge - whether amendment arguable - whether amendment ought to be allowed having regard to case management principles - orders made by primary judge set aside Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Category: Principal judgment Parties: Vok Beverages Pty Ltd (Applicant) Diageo Brands BV (First respondent) Diageo Australia Ltd (Second respondent) Diageo Scotland Ltd (Third respondent) Diageo North America Inc (Fourth respondent) Ursus Vodka Holding NV (Fifth respondent) The "Old Bushmills" Distillery Co Ltd (Sixth respondent) Representation: Counsel: L V Gyles SC / S Fendekian (Applicant) J S Tobin (Respondents) Solicitors: Piper Alderman (Applicant) Gadens (Respondents) File Number(s): 2014/258027 Decision under appeal Citation: [2014] NSWSC 1090 Date of Decision: 2014-08-13 00:00:00 Before: Ball J File Number(s): 2013/21633