Patrick v Capital Finance Pty Ltd (No 1) [2002] FCA 1566

FEDERAL COURT OF AUSTRALIA

Patrick v Capital Finance Pty Ltd (No 1) [2002] FCA 1566 PRACTICE AND PROCEDURE – leave sought to amend Statement of Claim –amendments sought opposed by respondents – amendments based on allegations previously made – interests of justice – mandate of Court to decide completely and finally all matters in controversy – need to ventilate all issues – amendments raised at a late stage – no evidence of specific prejudice – whether leave should be granted to make amendments to Statement of Claim Federal Court of Australia Act 1976 (Cth) ss 22, 23, 33ZB St George Ltd v M J K Pty Ltd [1999] FCA 1752 cited Jenkins v NZI Securities Australia Ltd (1994) 52 FCR 572 cited The State of Queensland v J & L Holdings Pty Limited (1997) 189 CLR 146 referred to WILLIAM GEORGE DOUGHTY PATRICK (for himself and as representing the persons referred to in paragraph 1 of the Statement of Claim) v

CAPITAL FINANCE CORPORATION (AUSTRALASIA) PTY LIMITED

(ACN 074 692 443), CAPITAL FINANCE CORPORATION (AUSTRALASIA) PTY LIMITED (ACN 074 692 443), CAPITAL FINANCE CORPORATION (AUSTRALIA) PTY LIMITED (ACN 074 352 104), CAPITAL FINANCE CORPORATION PTY LIMITED, (ACN 064 512 385), KERROD GRANT PARK, OVERSEA-CHINESE BANKING CORPORATION LIMITED (ABN 073 598 035), CHRISTOPHER COOTE, PHILLIP EMANUEL PRODUCTIONS LIMITED (ACN 002 693 512)

V 637 of 2001

TAMBERLIN J SYDNEY (HEARD IN MELBOURNE) 18 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 637 OF 2001

BETWEEN: WILLIAM GEORGE DOUGHTY PATRICK

(for himself and as representing the persons referred to in paragraph 1 of the Statement of Claim)

APPLICANT

AND: CAPITAL FINANCE CORPORATION (AUSTRALASIA)

PTY LIMITED (ACN 074 692 443)

FIRST RESPONDENT