Pacific National (ACT) Limited (ACN 48 052 134 362) v Queensland Rail (ABN 47 564 947 264) [2005] FCA 958

FEDERAL COURT OF AUSTRALIA

Pacific National (ACT) Limited (ACN 48 052 134 362)v Queensland Rail (ABN 47 564 947 264) [2005] FCA 958 practice and procedure – leave sought to amend statement of claim - whether amendment is relevant Commonwealth of Australia v Verwayen (1990) 170 CLR 394 referred to Giumelli v Giumelli (1999) 196 CLR 101 referred to Grundt v Great Boulder Pty Gold Mines Limited (1937) 59 CLR 641 referred to Malec v J C Hutton Pty Limited (1990) 169 CLR 638 referred to Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 referred to Spencer Bower and Turner (1997) The Law Relating to Estoppel by Representation, Third Edition, Butterworths, London PACIFIC NATIONAL (ACT) LIMITED (ACN 48 052 134 362) V QUEENSLAND RAIL (ABN 47 564 947 264) N 690 of 2003 JACOBSON J 8 JULY 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: 8 JULY2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave is refused to amend the Third Further Amended Statement of Claim to add those portions of paragraphs 62(c), 68(c) and 70A(c) which the applicant sought to introduce in the Fourth Further Amended Statement of Claim.

2. Leave is granted to amend the Third Further Amended Statement of Claim, as contained in the Fourth Further Amended Statement of Claim, with the exception of those amendments referred to in Order 1 above.

3. The applicant is to pay the costs thrown away by the amendments occasioned by the Fourth Further Amended Statement of Claim.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.