Gentry Brothers Pty Ltd v Wilson Brown & Associates Pty Ltd & Ors [1995] FCA 73

CATCHWORDS PRACTICE and PROCEDURE - leave to amend defence to cross-claim - amendment foreshadowed - whether other party can meet matters raised - whether other party will suffer prejudice Gentry Brothers Pty Ltd v Wilson Brown & Associates Pty Ltd & Ors No QG93 of 1992 Kiefel J Brisbane 21 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: 21 February 1995 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT GRANTS LEAVE: 1. To the first and second respondents to further amend the defence to the amended first cross-claim in terms of Exhibit 68. THE COURT ORDERS THAT: 2. The third and fourth respondents' costs of and incidental to the application to amend the defence to the first cross-claim, including costs associated with argument on 16 and 17 February 1995, be paid by the first and second respondents to be taxed. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.