Bidjara Aboriginal Housing & Land Co Ltd v Sharma [2004] FCA 994

FEDERAL COURT OF AUSTRALIA

Bidjara Aboriginal Housing & Land Co Ltd v Sharma [2004] FCA 994

PRACTICE AND PROCEDURE – pleadings – leave to amend originating application – judicial discretion – leave granted on several previous occasions – lapse of previous leave due to inaction of application – leave sought to amend generally and join respondents – whether necessary parties Administrative Decisions (Judicial Review) Act 1977 (Cth) Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) Appropriation Act (No 1) 2003-2004 (Cth) Financial Management and Accountability Act 1997 (Cth) Australian Tape Manufacturers Association Ltd v Commonwealth of Australia (1990) 94 ALR 641 (HC) Castlemaine Perkins Limited v Queen Street Hotels Pty Ltd [1968] Qd R 501 Phillips v Phillips (1878) 4 QBD 127 Davy v Garrett (1877) 7 Ch D 473 Wootton v Sievier [1913] 3 KB 499 (CA) BIDJARA ABORIGINAL HOUSING & LAND COMPANY LIMITED v CHANDRA SHARMA, ABORIGINAL AND TORRES STRAIT ISLANDER SERVICES AND ROD ALFREDSON Q113 OF 2003 COOPER J BRISBANE 30 JULY 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q113 OF 2003

BETWEEN: BIDJARA ABORIGINAL HOUSING & LAND COMPANY LIMITED

APPLICANT

AND: CHANDRA SHARMA

FIRST RESPONDENT

ABORIGINAL AND TORRES STRAIT ISLANDER SERVICES

SECOND RESPONDENT

ROD ALFREDSON

THIRD RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 30 JULY 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The applicant is granted leave to adduce evidence relating to the acquisition and operation of the premises at 51 Wills Street, Charleville, Queensland on the hearing of the substantial application. 2. Otherwise, the notice of motion filed 19 April 2004 is dismissed. 3. The applicant to pay the costs of the respondents to the notice of motion, including reserved costs, to be taxed if not agreed.