Federal Court of Australia
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Appeals - Application to add new ground of appeal - Existing grounds abandoned - Principles governing Court's
discretion, High Court Rules 0.70 r.29
Deeds — Alleged alteration of mortgage by stapling documents
Prditenwr al 4 - Laser ws 2 - ro thereto - Materiality of iue from which altei-—-
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Robert Ian Mitchelson v. Carolyn Eva Mitchelson
V.G.65 of 1978
Coran: Smithers J.
21 May 1979
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY GENERAL DIVISION
JUDGE MAKING ORDER: DATE OF ORDER:
WHERE MADE;
THE COURT ORDERS THAT:
1. 2. 3.
V.G. No, 65 of 1978
BETWEEN: ROBERT IAN MITCHELSON
Appellant AND:
CAROLYN EVA MITCHELSON
Respondent
ORDER
SMITHERS J. 21 MAY 1979 MELBOURNE
The summons be dismissed.
The costs of the summons be paid by the appellant.
All reserved costs of this action be paid by the
appellant,
IN THE FEDERAL COURT OF AUSTRALIA }
VICTORIA DISTRICT REGISTRY V.G. No. 65 of 1978
GENERAL DIVISION
BETWEEN: ROBERT IAN MITCHELSON
Appellant
AND:
CAROLYN EVA MITCHELSON
Respondent
Smithers J,
21 May, 1979 REASONS FOR JUDGMENT
By summons dated 12 April 1979 the applicant (the appellant) has applied for leave to amend his notice of appeal to include a further ground of appeal. The application is brought under order 70 rule 29 of the High Court Rules which are applicable to the practice and procedure of this Court in these circumstances. See s.38(2) of the Federal
Court of Australia Act 1976 and order 6 rule 1 of the Federal
Court of Australia Rules. Order 70 rule 29 states:
"The Court or a Justice may order that any person be added as a party to an appeal, or that the proceedings be amended, and may impose
such conditions as appear just and give all consequential directions."
The background leading to the application nay be briefly summarised as follows. On 19 September 1978 the
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