The original disputes concerned the termination of contracts connected to gold mining and mining exploration. By their counterclaims, the defendants sought declarations for specific performance or alternatively for loss of opportunity.
In these proceedings, the defendants made applications to amend their respective amended defences and counterclaims and add two parties by counterclaim.
At issue was whether the proposed defendants by counterclaim were liable with the plaintiff for the subject matter of the counterclaim and whether the relief sought was connected with the original subject matter of the proceeding and as such directly affected by the relief the defendants sought.
The court granted leave for the defendants in each proceeding to amend their defences and counterclaims pursuant to s 16(2) of the Civil Proceedings Act 2011 (Qld) and rr 62 and 69 of the UCPR.
Rachel De Luchi appeared for the plaintiffs, instructed by Ashurst.
The judgment is published here.
