Pacific National (ACT) Limited (ACN 48 052 134 362) v Queensland Rail (ABN 47 564 947 264) [2005] FCA 535

FEDERAL COURT OF AUSTRALIA

Pacific National (ACT) Limited (ACN 48 052 134 362)v Queensland Rail (ABN 47 564 947 264) [2005] FCA 535 practice and procedure – leave sought to amend Defence after close of evidence – amendments sought opposed by applicants – fresh issue raised – interests of justice – prejudice to parties - efficient and proper conduct of civil litigation – general principles – responsibility of parties to ensure that litigation not proceed on misconceptions or apparent false assumptions Glover v Australian Ultra Concrete Floors Pty Limited [2003] NSWCA 80 referred to Gold Peg International Pty Ltd v Kovan Engineering (Australia) Limited [2004] FCA 1601 referred to Jackamara v Krakouer (1998) 195 CLR 516 referred to Nowlan v Marson Transport Pty Ltd (2001) 53 NSWLR 116 referred to P & C Cantarella v Egg Marketing Board for the State of New South Wales [1973] 2 NSWLR 366 Patrick v Capital Finance Pty Limited [2003] FCA 206 referred to Scott v Handley [1999] FCA 404 referred to State of Queensland v J.L. Holdings Pty Limited (1997) 189 CLR 146 referred to White v Overland [2001] FCA 1333 referred to PACIFIC NATIONAL (ACT) LIMITED (ACN 48 052 134 362) V QUEENSLAND RAIL (ABN 47 564 947 264) N 690 of 2003 JACOBSON J 26 APRIL 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 690 of 2003

BETWEEN: PACIFIC NATIONAL (ACT) LIMITED

(ACN 48 052 134 362)

APPLICANT/CROSS-RESPONDENT

AND: QUEENSLAND RAIL

(ABN 47 564 947 264)

RESPONDENT/CROSS-CLAIMANT

JUDGE: JACOBSON J

DATE OF ORDER: 26 APRIL 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave is granted to amend the defence to add the new [61(e)] in the second further amended defence, being a document I initial and place with the papers; 2. Leave is granted to read the affidavit of Mr Bredhauer, filed on 19 April 2005. 3. Additional directions arising from the above orders shall be addressed as soon as possible; and 4. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.