Rodgers, Peter David v Commissioner of Taxation [1998] FCA 489

FEDERAL COURT OF AUSTRALIA

PRACTICE & PROCEDURE – application for leave to amend amounts claimed in proceeding – power of Federal Court to allow amendments where period of limitation governing the making of claims has expired – rule in Weldon v Neal – whether additional claims arise out of the same facts or substantially the same facts as those already pleaded. CORPORATIONS LAW – liquidator seeking orders that respondent pay to company amounts said to be voidable under s 588FE Corporations Law – whether s 588FF(3) time limitation for bringing of such applications is procedural or substantive in character. Corporations Law, ss 9, 588FE, 588FF(1), 588FF(3) Federal Court of Australia Act 1976 (Cth), ss 59, 59(2B), 59(3) Federal Court Rules, O 13 r 2 Harris v Western Australian Exim Corporation (1994) 56 FCR 1, considered Brook v The Flinders University of South Australia (1988)47 SASR 119, cited Weldon v Neal (1887)19 QBD 394, considered Grundy v Lewis (1995)62 FCR 567, cited Matthews v Ross Neilson Investments Pty Ltd (Kiefel J, 14 December 1995, unreported), cited Lidden v Composite Buyers (1996) 67 FCR 560, cited Elna Australia Pty Ltd v International Computers (Aust) Pty Ltd (No 2) (1987)16 FCR 410, distinguished State of Western Australia v Wardley Australia Ltd (1991)30 FCR 245, distinguished Wardley Australia Ltd v State of Western Australia (1992)175 CLR 514, distinguished

PETER DAVID RODGERS v

COMMISSIONER OF TAXATION NG 3130 of 1997 BRANSON J

SYDNEY

11 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3130 of 1997

BETWEEN: PETER DAVID RODGERS

Applicant

AND: COMMISSIONER OF TAXATION

Respondent

JUDGE: BRANSON J

DATE OF ORDER: 11 May 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of motion dated 10 February 1998 be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.