Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Informax International Pty Ltd v Clarius Group Limited (No 2) [2013] FCAFC 7 Citation: Informax International Pty Ltd v Clarius Group Limited (No 2) [2013] FCAFC 7
Appeal from: Informax International Pty Ltd v Clarius Group Limited (2011) 192 FCR 210; [2011] FCA 183 Informax International Pty Ltd v Clarius Group Limited (No 2) (2011) 282 ALR 405; [2011] FCA 934
Parties: INFORMAX INTERNATIONAL PTY LTD and ISABEL MENANO-PIRES v CLARIUS GROUP LIMITED and CLARIUS GROUP LIMITED v INFORMAX INTERNATIONAL PTY LTD and ISABEL MENANO-PIRES
File number: NSD 1484 of 2011
Judges: BESANKO, JAGOT AND BROMBERG JJ
Date of judgment: 6 February 2013
Catchwords: PRACTICE AND PROCEDURE – interlocutory application by appellants for leave to amend notice of motion seeking leave to amend claims for relief – interlocutory application made after Court published reasons in appeal and cross-appeal (Informax International Pty Ltd v Clarius Group Limited [2012] FCAFC 165) – where orders sought by the appellants under s 16 of the Independent Contractors Act 2006 (Cth) – whether Court on appeal has power to grant leave to amend – whether Court would have power to make the orders sought by the appellants – consideration of relevant discretionary matters including interests of justice, prejudice to appellants and to respondent. Held: The appellants' application for leave to amend the notice of motion be allowed. Appeal allowed and notice of motion remitted to primary judge for hearing and determination in accordance with Court's reasons and otherwise in accordance with law. The respondent's cross appeal be dismissed.
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