Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
JCDecaux Australia Pty Ltd v Adshel Street Furniture Pty Ltd [2002] FCA 562
PRACTICE & PROCEDURE – pleading – amendment – application to amend statement of claim near close of applicant's case –– amendment partly based upon new document produced by respondents after trial commenced – whether amendment raised a case not yet pleaded – relevant factors to be taken into account – whether prejudice to respondents of a type incapable of being met by appropriate costs orders and case management principles – whether amendment futile – applicant's claim "fairly arguable".
Trade Practices Act 1974 (Cth) ss 4A, 46(2), (3) Corporations Act 2001 (Cth) s 9 Dowling v Dalgety Australia Ltd (1992) 34 FCR 109 at 140 referred to Eastern Express Pty Ltd v General Newspapers Pty Ltd (1992) 35 FCR 43 at 61-62 referred to Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 applied Ketteman v Hansel Properties Ltd [1987] AC 189 at 220 referred to Australian Competition and Consumer Commission v Australian Safeway Stores [1999] FCA 281 referred to Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 referred to Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 186 ALR 289 referred to
JCDECAUX AUSTRALIA PTY LIMITED (ACN 078 716 793) v ADSHEL STREET FURNITURE PTY LIMITED (ACN 008 081 872) and PUBLIC TRANSPORT CORPORATION
V139 of 2000
WEINBERG J
6 MAY 2002
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V139 OF 2000
BETWEEN: JCDECAUX AUSTRALIA PTY LIMITED (ACN 078 716 793)
APPLICANT
AND: ADSHEL STREET FURNITURE PTY LIMITED
(ACN 008 081 872)
FIRST RESPONDENT
PUBLIC TRANSPORT CORPORATION
SECOND RESPONDENT
JUDGE: WEINBERG J
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