Hopkins, Ann v Seymour Softwoods Ltd & Ors [1998] FCA 760

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - Amendment of defences - Applications to amend defences at time of hearing - Application to amend defence of fourth respondent by withdrawal of admission - whether substance of application is an attempt to re-litigate a matter previously disposed of in an interlocutory proceeding - whether prejudice to applicant if amendment were made - Application to amend defences of all respondents so as to rely on statutory limitations periods - whether right to reliance has been waived - whether prejudice to applicant if amendments were made. Trade Practices Act 1974 (Cth) - Pts IV, V; ss 82(2), 87 Western Australia v Wardley Australia Limited (1991) 30 FCR 245 - followed. ANN HOPKINS -v- SEYMOUR SOFTWOODS LIMITED & Ors NG 3039 of 1996

FOSTER J 25 FEBRUARY 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3039 of 1996

BETWEEN: ann hopkins

Applicant

AND: SEYMOUR SOFTWOODS LIMITED (Controller Appointed) (ACN 007 055 889) FIRST RESPONDENT SINTOFF PTY LIMITED (Receiver Appointed) (ACN 006 621 487) SECOND RESPONDENT BERREMA FINANCE PTY LIMITED (Receiver Appointed) (ACN 005 982 605) THIRD RESPONDENT EQUUSCORP PTY LIMITED (formerly called EQUUS FINANCIAL SERVICES LIMITED) (ACN 006 102 344) FOURTH RESPONDENT EQUUSCORP PTY LIMITED (formerly called EQUUS FINANCIAL SERVICES LIMITED) (ACN 006 012 344) CROSS-CLAIMANT ANN HOPKINS CROSS-RESPONDENT

JUDGE: FOSTER J