Harper v Gold Coast Pistol Club Limited [2023] FCAFC 165

Federal Court of Australia

Harper v Gold Coast Pistol Club Limited [2023] FCAFC 165 Appeal from: Application for leave to appeal: Harper v Gold Coast Pistol Club Limited [2023] FedCFamC2G 206

File number: QUD 133 of 2023

Judgment of: LOGAN, MEAGHER AND MCEVOY JJ

Date of judgment: 15 August 2023

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal two interlocutory applications – where the Federal Circuit and Family Court dismissed an application to further amend the statement of claim and application for discovery – where the draft amended statement of claim sought to raise a new cause of action grounded in a constructive trust – where the document which inspired the proposed amendment had long been in the possession of the applicant – where applicant offered no satisfactory explanation for delay making compliant about non-discovery – where the Federal Circuit and Family Court of Australia Act 2021 (Cth) (Circuit Court Act) at s 139 provides that all matters between the parties must be completely and finally determined and multiplicity of proceedings avoided to facilitate the just resolution of disputes as quickly, inexpensively and efficiently as possible according to overarching purpose in s 190 of the Act – where parties in a civil proceeding must conduct proceedings in a way consistent with the overarching purpose (s 191 Circuit Court Act) – where the primary judge found the delay on the part of the applicant over time contrary to the overarching purpose in s 190 – where primary judge found that the cost and prejudice to the respondent of delay in the hearing and determination of the proceeding outweighs the benefit which might accrue to the applicant by pleading a further cause of action Aon Risk Services Australia Limited v Australia National University (2009) 239 CLR 175 applied – where as a matter of practice and procedure the court should exercise its discretion with a tight rein in the interests of the proper administration of justice re Will of Gilbert (1946) 26 SR(NSW) 318 applied – where the primary judge within rights to refuse application for discovery – application for leave to appeal dismissed