Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ogenic Ltd v Deloitte Touche Tohmatsu [2000] FCA 894
PRACTICE AND PROCEDURE – late amendment of cross-claim to join additional parties – proceedings of considerable complexity – trial dates fixed – difficulty of assessing consequences of proposed joinders – likelihood of consequential additional cross-claims – disruption of pre-trial program and possible prejudice to trial dates – prejudice to parties joined late – joinders declined.
Corporations Law s 623, s 995(2), s 232
Law Reform (Contributory Negligence and Tortfeasors) Contribution Act 1947 (WA)
Trade Practices Act 1974 s 52, s 75B
Fair Trading Act s 10
State of Queensland v JL Holdings Pty Ltd ( 1996-97) 188 CLR 146 cited
OGENIC LTD v DELOITTE TOUCHE TOHMATSU AND OTHERS WAG 3009 of 1997 FRENCH J 22 JUNE 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WG3009 OF 1997
BETWEEN: OGENIC LIMITED (ACN 009 205 805)
Applicant
AND: DELOITTE TOUCHE TOHMATSU
AND: First Respondent
AND: POUL ANKER KIRKEBJERG
AND: Second Respondent
AND: IMODAN PTY LTD (ACN 009 295 158)
AND: Third Respondent
STANTON PARTNERS (A PARTNERSHIP)
Fourth Respondent
DELOITTE TOUCHE TOHMATSU
Cross-Claimant in First Cross-Claim
OGENIC LIMITED (ACN 009 205 805)
Cross-Respondent in First Cross-Claim
DELOITTE TOUCHE TOHMATSU
Cross-Claimant in Second Cross-Claim
STANTON PARTNERS (A PARTNERSHIP)
First Cross-Respondent in Second Cross-Claim
JP VAN DIEREN, NB GRAHAM, ADB GRAHAM,
G KELLY, J SHERVINGTON
Second Cross-Respondents in Second Cross-Claim
ABD GRAHAM, ER PEDLOW, DFG GRAHAM,
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