JUDGMENT No. amos oA F282 ONLY IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G324 of 1987 ) No. G361 of 1987 GENERAL DIVISION ) No. G324 of 1987 BETWEEN: JENS INGO LUTZ SCHLIESKE Applicant AND: MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent No. G361 of 1987 BETWEEN: JENS INGO LUTZ SCHLIESKE Applicant AND: ROSS WILLIAM ROBILLIARD Respondent Judge making order: Beaumont, J. Date order made: 3 September 1987 Where made: Sydney THE COURT ORDERS THAT: 1. Grant leave to the applicant to amend his application and his amended statement of claim (including the joinder of parties) as he may be advised. 2. Order that the applicant pay the costs of the respondents of or occasioned by the amendments on a solicitor and client basis. 3. Grant leave to the respondents to re-open their case. 4. Stand further hearing over to a date to be fixed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G324 of 1987 ) No. G361 of 1987 GENERAL DIVISION ) No. G324 of 1987 BETWEEN: JENS INGO LUTZ SCHLIESKE Applicant AND: MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent No. G361 of 1987 BETWEEN: JENS INGO LUTZ SCHLIESKE Applicant AND: ROSS WILLIAM ROBILLIARD Respondent CORAM Beaumont, J. DATED: 3 September 1987 REASONS FOR JUDGMENT In the course of addresses, counsel for the applicant sought leave to amend by adding the Commonwealth as a party. The respondents opposed the amendment because it was late and also because he would have called as witnesses a number of Commonwealth officers if the Commonwealth had been joined as ja party from the outset. There is force in the submission but, in accordance with the modern practice (see e.g., Atkinson v. Fitzwater (1987) 1 W.L.R. 201), I should allow the amendment 2. provided any real prejudice to the respondents can be avoided. This can be achieved by allowing the amendment subject to the following terms: (1) (2) Leave be granted to the respondents to re-open their case. ' The applicant pay the costs occasioned by the amendment on a solicitor and client basis. However, it seems to me that the addition of the Commonwealth as a party will not, of itself, throw up the real issues between the parties. In the course of his submissions, counsel for the applicant charged a number of officers of the Commonwealth, including officers of the Attorney-General's Department, with bad faith. The allegation was one of actual, as well as constructive, bad faith and abuse of power. If such allegations are made, they should be distinctly pleaded in the applicant/s statement of claim. I make the following orders: Grant leave to the applicant to amend his application | and his amended statement of claim (including the joinder of parties) as he may be advised. Order that the applicant pay the costs of the respondents of or occasioned by the amendments on|a solicitor and client basis. 3. Grant leave to the respondents to re-open their case. Stand further hearing over to a date to be fixed. us end the 4 proc pages Gro a true copy of the rece 3 for judgment herein of The Honour Mr Justice Beaumont. a F, Z— Associate Dated 3-9-p7