Federal Court of Australia
FEDERAL COURT OF AUSTRALIA PROCEDURE - application for leave to file re‑amended statement of claim - motion for stay - whether leave should be granted - whether action vexatious or embarrassing - whether just to grant leave given limitation issues.
Federal Court Rules, O 13 rr2, 2(2), 2(3), 2(7), 7
Bowstead & Reynolds on Agency (16th ed 1996) Abela v Giew (1964) 81 WN (Pt 1) (NSW) 344, followed Londish v Gulf Pacific Pty Ltd (1993) 45 FCR 128, followed Liptons Cash Registers and Business Equipment Ltd v Hugin (GB) Ltd [1982] 1 All ER 595, followed ANZ Banking Group Ltd v Larcos (1987) 13 NSWLR 286, followed ALLAN JOHN POSSELT AND ANOR v KENNETH JAMES WOLFENDEN AND ORS WAG 136 of 1995 r d nicholson j PERTH 5 May 1998
GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA
western australia district REGISTRY WAG 135 of 1995
BETWEEN: allan john posselt and lynette janice posselt
Applicants
AND: kenneth james wolfenden
First Respondent
WAYNE PATRICK WARRICK
Second Respondent
WILLIAM ARTHUR HEADLEY
Third Respondent
the prudential assurance co ltd
Fourth Respondent
william workman
Fifth Respondent
the prudential assurance co ltd
First Cross-Claimant
kenneth james wolfenden,
wayne patrick warrick and
william arthur headley
First Cross-Respondents
JUDGE: r d nicholson j
DATE OF ORDER: 5 May 1998
WHERE MADE: perth
THE COURT ORDERS THAT: 1. The fourth respondent's motion to stay the proceedings be refused. 2. Costs on the motion reserved for submission. 3. The applications for leave to file the Re-amended Statement of Claim and to file a minute of amendment to par 12D therein be granted provided that: (a) the joinder of the second applicant shall be effective only from the date of this order; and (b) the respondents have leave to reply by way of defence to any cause of action by the first or second applicants regarding the expiration of any relevant limitation period. 4. The costs of the application for leave to amend and the joinder application be reserved for submission. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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