Federal Court of Australia
JUDGMENT, No. Qh Zl. Factor
CATCHWORDS Practice and procedure - amendments to statement of claim having effect of joining individuals as respondents - nature
and limits of Court's jurisdiction under 0.6 1.8 Federal Court Rules - grant of leave to join discretionary - factors weighing on exercise of Court's discretion - weight to be attached to delay in applying to join at advanced state of proceedings - whether joinder for an ulterior purpose - application to amend to raise alternative and inconsistent
allegations - when allowable.
0.6 r.8 Federal Court Rules
CABOOLTURE PARK SHOPPING CENTRE PTY. LTD. v WHITE INDUSTRIES L .
No. G198 of 1986
Ryan J 25 May 1988 Brisbane
N RECTED
t as ee .
IN THE FEDERAL COURT OF AUSTRALIA ) )
QUEENSLAND DISTRICT REGISTRY ) No. G198 of 1986 ) )
GENERAL DIVISION
BETWEEN: CABOOLTURE PARK SHOPPING CENTRE PTY. LTD.
(Applicant)
WHITE INDUSTRIES (QLD) TY. MITED
(Respondent )
is
WHITE INDUSTRIES (QLD) PTY. CINTTED
(First Cross-claimant)
CABOOLTURE PARK SHOPPING CENTRE PTY. LTD.
(First Cross-respondent)
Coram: Ryan J
Date: 25 May 1988
Place: Brisbane
MINUTES OF ORDER
. THE COURT ORDERS THAT: 1. Caboolture Park have leave to amend further its amended
statement of claim filed herein on 2 March 1987 by -
(a) substituting for the words "on the morning of 10th September 1985" appearing in paragraph 7(b) thereof the words "on the morning of or
about 10th and 11th September 1985"
we
NOTE:
-2-
(b) inserting in paragraph 6 thereof additional sub-paragraphs (ca), (cb), (cc), (ed) and (ce) in conformity with the sub-paragraphs respectively so designated in the draft amended statement of claim which is exhibit A to the affidavit of Robert Maxwell Lockhart sworn 4 May 1988 and filed herein
(c) inserting in lieu of the particulars sub-joined to paragraph 15 thereof amended particulars in conformity with those sub-joined to paragraph 15 of the draft amended statement of claim which is exhibit A to the said affidavit of Robert Maxwell Lockhart.
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