Fried v National Australia Bank Ltd [2000] FCA 910

FEDERAL COURT OF AUSTRALIA Fried v National Australia Bank Ltd [2000] FCA 910

PRACTICE AND PROCEDURE – pleadings – amendment of statement of claim – application to amend after trial has commenced – whether amendments would allow applicants to pursue inconsistent claims – doctrine of election – doctrine of approbation and reprobation. Partnership Act 1958 (Vic) s 9 Federal Court Rules O13 r 2 Fried v National Australia Bank Limited [2000] FCA 604 referred to O'Connor v SP Bray Ltd (1936) 36 SR (NSW) 248 at 257-63 referred to Sargent v ASL Developments (1974) 131 CLR 634 at 655 referred to United Australia Ltd v Barclays Banks Ltd [1941] AC 1 referred to Elder's Trustees and Executor Co Ltd v Commonwealth Homes and Investment Co Ltd (1941) 65 CLR 603 referred to Commonwealth v Verwayen (1990) 170 CLR 394 at 421 referred to Verschures Creameries Ltd v Hull and Netherlands Steamship Co Ltd [1921] 2 KB 608 at 611 referred to Randwick Municipal Council v Broten [1964-5] NSWR 1445 referred to Bienvenu v Royal Society for Protection of Animals [1967] VR 656 at 664 referred to Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275 referred to Express Newspapers Plc v News (UK) Limited [1990] 3 All ER 376 referred to VACC Insurance Limited v BP Australia Limited (1999) 47 NSWLR 716 at 724-5 referred to TAB FRIED & ORS v NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937) & ORS

VG 352 of 1998 WEINBERG J 7 JULY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 352 OF 1998

BETWEEN: TAB FRIED

First Applicant

EVA FRIED

Second Applicant

DAVID FRIED

Third Applicant

COMPACK PACKAGING EMPLOYEE SHARE PLAN PTY LTD (ACN 062 925 393)

Fourth Applicant