Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Verge v Devere Holdings Pty Ltd (No 2) [2009] FCA 1048
PRACTICE AND PROCEDURE – pleadings - late motion to amend defence – whether necessary to adjourn trial – consideration of Aon principles – consideration of whether proposed amendment raises a constitutional point – need for service of notices – balancing competing interests Bankruptcy Act 1966 (Cth) ss 9, 120 Judiciary Act 1903 (Cth) s 78B Constitution s 109 Aon Risk Services Australia Ltd v Australian National University(2009) 258 ALR 14 Australian Competition & Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292 Deputy Commissioner of Taxation v Warrick (No 2) (2004) 56 ATR 371 Re Finlayson; Ex parte Finlayson (1997) 72 ALJR 73 Verge v Devere Holdings Pty Ltd [2009] FCA 832 EVAN ROBERT VERGE and GEORGE AUBREY LOPEZ v DEVERE HOLDINGS PTY LTD, PACKHAM PTY LTD and CASTLEWORLD PTY LTD
WAD 238 OF 2008
MCKERRACHER J
17 September 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
general division WAD 238 of 2008
BETWEEN: EVAN ROBERT VERGE
GEORGE AUBREY LOPEZ
Applicants
AND: DEVERE HOLDINGS PTY LTD
First Respondent
PACKHAM PTY LTD
Second Respondent
CASTLEWORLD PTY LTD
Third Respondent
JUDGE: MCKERRACHER J
DATE OF ORDER: 16 September 2009
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The third respondent have leave to amend its defence. 2. The third respondent's proposed amended substituted defence do stand as its amended substituted defence. 3. Service of the third respondent's amended substituted defence be dispensed with. 4. The third respondent do forthwith issue notices under s 78B of the Judiciary Act 1903 (Cth). 5. The trial dates of this proceeding be vacated. 6. The trial of this proceeding be fixed for 9 days from Monday, 9 November 2009. 7. The third respondent do pay to the applicants and the first and second respondents all costs thrown away by reason of the late amendment and adjournment of the trial and costs of today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
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