Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McGraw-Hill Financial, Inc v Clurname Pty Ltd [2017] FCAFC 211 Appeal from: Application for leave to appeal: Clurname Pty Ltd v McGraw-Hill Financial, Inc [2017] FCA 1319
File number: NSD 1856 of 2017
Judges: ALLSOP CJ, JAGOT AND YATES JJ
Date of judgment: 15 December 2017
Catchwords: PRACTICE AND PROCEDURE – where primary judge made orders for application and statement of claim to be amended to include a cause of action for deceit – where primary judge ordered that amendments take effect from the date of filing of the original pleading – where prejudice may have resulted from the order – respondents consented to setting aside of order – date on which order takes effect to be determined at trial PRACTICE AND PROCEDURE – application for leave to appeal interlocutory orders permitting the amendment of a pleading to include tort of deceit – where knowledge and intentions already made up existing claims and defence of existing cause of action – no substantial injustice from order permitting amendment of pleading – approach of the primary judge not attended by sufficient doubt – remaining grounds for leave to appeal dismissed
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth), ss 1041I, 1317S Federal Court of Australia Act 1976 (Cth), ss 24(1E), 37M Federal Court Rules 2011 (Cth), rr 1.32, 1.33, 1.34, 1.35, 8.21, 16.51 Limitation Act 1969 (NSW), ss 14, 55 Limitation Act 1980 (UK), s 35
Cases cited: Althaus v Australia Meat Holdings Pty Ltd [2006] QCA 412; [2007] 1 Qd R 493. Ballinger v Mercer Ltd [2014] EWCA Civ 996; 1 WLR 3597 Blue Tropic Limited v Chkhartishvili [2016] EWCA Civ 1259 Bradken Ltd v Norcast S.ar.L [2013] FCAFC 123; 219 FCR 101 Chandra v Brooke North (A Firm) [2013] EWCA Civ 1559 Clurname Pty Ltd v McGraw-Hill Financial, Inc [2017] FCA 1319 Otuo v Brierley [2015] EWCA 1143 Paragon Finance plc v DB Thakerar & Co [1999] 1 All ER 400 Voxson Pty Ltd v Telstra Corporation Ltd (No 7) [2017] FCA 267; 343 ALR 681 Wardley Australia Limited v State of Western Australia [1992] HCA 55; 175 CLR 514 Weldon v Neal (1887) 19 QBD 394 Welsh Development Agency v Redpath Dorman Long Pty Ltd [1994] 1 WLR 1409
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