Cadoroll Pty Ltd v Allegra Corporation Ltd [1998] FCA 1804

JUDGMENT No. KARZ ZEEE

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE -— pleadings — leave to file a new statement of claim — leave to add new parties when no evidence filed of the need to do so or of the case to be advanced against them — when amended statement of claim dates from — whether true

amendment or wholly or substantially new claim

Federal Court Rules 1979 (Cth) O 13 r2

Wardley Australia & Anor v The State of Western Australia (1992) 175 CLR 514 Weldon v Neal [1887] 19 QBD 394

CADOROLL PTY LTD & ORS V ALLEGRA CORPORATION LTD & ORS AG 18 of 1992 AG 27 of 1992 AG 29 of 1992

EINFELD J SYDNEY (heard in Canberra) 2 SEPTEMBER 1998

GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA AG 18 of 1992 AUSTRALIAN CAPITAL TERRITORY AG 27 of 1992 DISTRICT REGISTRY AG 29 of 1992

BETWEEN: CADOROLL PTY LIMTED CADOSHARE PTY LIMITED HAMERLEEN PTY LIMITED ALFRED NATHAN LESTER LESTER FIRTH ASSOCIATES PTY LIMITED JOHN WILLIAM FIRTH Applicants

AND: ALLEGRA CORPORATION LIMITED First Respondent

ALLEGRA INVESTMENTS LIMITED Second Respondent

MAUNTILL PTY LIMITED Third Respondent

MICHAEL GEORGE SINCLAIR, MARUTA PEARSON AND MICHAEL MARKO ZIVKOVIC trading as FARNHAM SINCLAIR & ASSOCIATES Fourth Respondents

JUDGE: EINFELD J

DATE OF ORDER: 2 SEPTEMBER 1998

WHERE MADE: SYDNEY (heard in Canberra) THE COURT ORDERS THAT:

1. leave be given for the proposed new statement of claim to be filed within fourteen days of today, with the new defences to be filed by not later than Wednesday 30 September 1998. The questions whether the new statements of claim raise new causes of action which are statute barred, and if so, whether they should be permitted to be argued pursuant to Order 13 rule 2 of the Federal Court Rules have not been determined and

all the respondents' rights in these respects and in regard to further amendments and