Federal Court of Australia
. iw Jucgement No. ia ot
CATCHWORDS
PRACTICE & PROCEDURE - Motion for leave to amend application under AD(JR) Act to challenge further decisions made after the Original application was filed - Principle that an amendment cannot except by consent add a cause of action that had not accrued at the date of filing of the application - Whether 1f the
Court has discretion such an amendment should be permitted.
Administrative Decisions (Judicial Review) Act 1977, s.11(1),
(6), (7) Federal Court Rules 0.13 r.2, 0.29 r.5
Wigan v. Edwards (1973) 1 A.L.R. 497
PARK OH HO & ORS. -V- THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS
NSW G.562 of 1986
Burchett J. Sydney 6 March 1987
say
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
No. G.562 of 1986
BETWEEN:
E iw)
PARK OH HO, LEE JAE EUN, KO JUNG WOONG, LEE JONG IN, HAN BUM HOON, SONG BANG JIN, CHONG BONG YOL
Applicants
THE MINISTER OF STATE FOR IMMIGRATION AND
ETHNIC AFFAIRS
Respondent MINUTE OF ORDER OF THE COURT Judge Making Order: Burchett J. Where Order Made: Sydney Date of Order: 6 March 1987 THE COURT ORDERS THAT: (1) Leave to amend the application as set out in the form of
amended application the subject of the motion for leave
be refused.
(2) The costs of the application for leave to amend be the respondent's costs in the principal application.
NOTE: Settlement and entry of orders 1s dealt with in Order 36
of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.562 of 1986
were we
GENERAL DIVISION
BETWEEN:
PARK OH HO, LEE JAE
EUN, KO JUNG WOONG,
LEE JONG IN, HAN BUM HOON, SONG BANG JIN, CHONG BONG YOL
Applicants
THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
REASONS FOR JUDGMENT
BURCHETT J.
In this application under the Administrative Decisions
(Judicial Review) Act 1977 the applicants seek leave to file an
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