Gentry Brothers Pty Ltd v Wilson Brown & Associates & Ors [1995] FCA 48

CATCHWORDS PRACTICE AND PROCEDURE - Leave to amend cross-claim - application made at commencement of hearing - opportunity to meet issue raised - expert evidence required - utilisation of time and resources allocated for hearing. Gentry Brothers Pty Ltd v Wilson Brown & Associates Pty Ltd & Ors No QG93 of 1992 Kiefel J Brisbane 14 February 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG93 of 1992 BY ORIGINAL ACTION BETWEEN: GENTRY BROTHERS PTY. LTD. Applicant AND: WILSON BROWN & ASSOCIATES PTY. LTD. First Respondent AND: BRUCE JAMES BROWN Second Respondent AND: ANSCAPE PTY. LTD. Third Respondent AND: BRIAN JOHN CLARKE Fourth Respondent AND BY FIRST CROSS CLAIM BETWEEN: ANSCAPE PTY. LTD. First Cross Claimant AND: BRIAN JOHN CLARKE Second Cross Claimant AND: GENTRY BROTHERS PTY. LTD. First Cross Respondent AND: JAMES GENTRY Second Cross Respondent AND: CIARAN GENTRY Third Cross Respondent AND: WILSON BROWN & ASSOCIATES PTY. LTD. Fourth Cross Respondent AND: BRUCE JAMES BROWN Fifth Cross Respondent

AND BY SECOND CROSS CLAIM BETWEEN: WILSON BROWN & ASSOCIATES PTY. LTD. First Second Cross Claimant AND: BRUCE JAMES BROWN Second Cross Claimant AND: GENTRY BROTHERS PTY. LTD. First Second Cross Respondent AND: JAMES GENTRY Second Second Cross Respondent AND: CIARAN GENTRY Third Second Cross Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 14 February 1995 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT GRANTS LEAVE: 1. To amend the defence and cross-claim by adding the proposed paragraphs 10A, 16A-D, 17, 17(aa), (n) (o) and 27(c). THE COURT ORDERS THAT: 2. The first and second respondents' costs of and incidental to the amendment, including further pleading required and the time taken in hearing the application up to this time, be taxed and paid by the third and fourth respondents.