Multigroup Distribution Services Pty Limited v TNT Australia Pty Limited [2001] FCA 1721

FEDERAL COURT OF AUSTRALIA

Multigroup Distribution Services Pty Limited v TNT Australia Pty Limited [2001] FCA 1721 PRACTICE AND PROCEDURE – Appeal – application for extension of time for leave to appeal from interlocutory orders on matter of practice and procedure – whether applicant had provided proper explanation for delay in applying for leave to appeal – whether grounds existed for granting leave to appeal if extension of time granted – whether extension of time for leave to appeal should be granted. PRACTICE AND PROCEDURE – Appeal – application for leave to appeal from interlocutory orders on matters of practice and procedure – whether error of principle in considering proposed amendment to particulars of claim – whether "pre-eminent" consideration given to preserving trial date – whether proper consideration of factors relevant to exercise of discretion – whether to permit extension of particulars of claim – whether proper weight given to case management considerations – whether leave to appeal should be granted.

Federal Court Rules O 52 r 10(2)

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc. (1981) 148 CLR 170 considered In re the Will of FB Gilbert (decd) (1946) 46 SR (NSW) 318 considered Décor Corporation Pty Ltd v Dart Industries Inc. (1991) 33 FCR 397 considered Niemann v Electronic Industries Ltd [1978] VR 431 referred to Bomanite Pty Ltd v Slatex Corp. Australia Pty Ltd (1991) 32 FCR 379 considered Deighton v Telstra Corp. [1997] FCA 1568 referred to Croker v Phillips Electronics Australia Ltd [2000] FCA 1731 referred to State of Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 considered Cropper v Smith (1884) 26 Ch D 700 considered MULTIGROUP DISTRIBUTION SERVICES PTY LIMITED v TNT AUSTRALIA PTY LIMITED, ANSETT AUSTRALIA LIMITED, MAYNE NICKLESS LIMITED & J McPHEE & SON (AUSTRALIA) PTY LIMITED NG 786 of 1995 BRANSON, MANSFIELD & KATZ JJ 11 DECEMBER 2001 SYDNEY