Shepherd v Watt [2022] FCAFC 78

FEDERAL COURT OF AUSTRALIA

Shepherd v Watt [2022] FCAFC 78 Appeal from: Watt v Shepherd [2021] FCA 561

File number(s): NSD 530 of 2021

Judgment of: GREENWOOD, BURLEY AND HALLEY JJ

Date of judgment: 13 May 2022

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal and appeal from orders made dismissing an application for leave to file an amended cross-claim and to extend the time to file evidence – whether sufficient doubt to warrant reconsideration of the discretion to make the orders – whether primary judge's exercise of his discretion fell within the scope of House v The King (1936) 55 CLR 499 – whether the primary judge failed to give weight or sufficient weight to relevant considerations, being the timely, efficient and cost-effective resolution of proceedings and potential prejudice to the parties – whether the exercise of discretion was unreasonable or plainly unjust – whether the primary judge erred in his application of r 5.23 of the Federal Court Rules 2011 (Cth) in the absence of any application by the respondents – whether procedural fairness was afforded to the applicants – leave to appeal granted – appeal allowed

Legislation: Competition and Consumer Act 2010 (Cth), Schedule 2, Australian Consumer Law ss 18, 21, 22 Corporations Act 2001 (Cth) ss 180, 181, 183 Federal Court Act of Australia 1976 (Cth) ss 24, 37M, 37N, 37P Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth) Federal Court Rules 2011 (Cth) rr 1.40, 5.23 Civil Procedure Act 2005 (NSW) s 58 Uniform Civil Procedure Rules 2005 (NSW)