Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cheers v El Davo Pty Ltd (in liq) [2000] FCA 310 PRACTICE & PROCEDURE – amendment of pleadings – principles governing grant of leave to amend. Commonwealth v Verwayen (1990) 170 CLR 394 at 456 referred to Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 at 152 to 155 referred to Howarth v Adey [1996] 2 VR 535 at 542 referred to Kettemen v Hansel Properties Ltd [1987] AC 189 at 203 referred to
ALAN FRANCIS CHEERS & ORS v EL DAVO PTY LTD (In Liquidation) (formerly known as ENTERCORP FINANCE PTY LTD) (ACN 060 214 502) & ORS
No VG 106 of 1997
WEINBERG J
16 MARCH 2000
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 106 of 1997
BETWEEN: ALAN FRANCIS CHEERS (and others according to the schedule attached hereto)
Applicants
AND: EL DAVO PTY LTD (IN LIQUIDATION) (Formerly known as ENTERCORP FINANCE PTY LTD) (ACN 060 214 502) (and others according to the schedule attached hereto)
Respondents
AND BETWEEN: CAPITAL INVESTMENTS CORPORATION PTY LTD
(ACN 072 988 946)
Cross Claimant
AND: ALAN FRANCIS CHEERS (and others according to the schedule attached hereto)
Cross Respondents
AND BETWEEN: CAPITAL INVESTMENTS CORPORATION PTY LTD
(ACN 072 988 946)
Cross Claimant
AND: CLASSIC TRADING PTY LTD
(ACN 006 792 249)
Eightieth Cross Respondent
ELLIOTT DAVIS
Eighty-First Cross Respondent
FRANK CROMBIE
Eighty-Second Cross Respondent
NATIONAL FINANCE GROUP PTY LTD
(ACN 006 372 041)
Eighty-Third Cross Respondent
JUDGE: WEINBERG J
DATE OF ORDER: 16 MARCH 2000
WHERE MADE: MELBOURNE
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