Aqua-Marine Marketing Pty Ltd v Pacific Reef Fisheries (Australia) Pty Ltd (No 2) [2011] FCA 55

FEDERAL COURT OF AUSTRALIA

Aqua-Marine Marketing Pty Ltd v Pacific Reef Fisheries (Australia) Pty Ltd (No 2) [2011] FCA 55 Citation: Aqua-Marine Marketing Pty Ltd v Pacific Reef Fisheries (Australia) Pty Ltd (No 2) [2011] FCA 55

Parties: AQUA-MARINE MARKETING PTY LTD (ACN 089 242 937) v PACIFIC REEF FISHERIES (AUSTRALIA) PTY LTD (ACN 084 456 931)

File number: QUD 195 of 2010

Judge: COLLIER J

Date of judgment: 7 February 2011

Catchwords: PRACTICE AND PROCEDURE – notice of motion filed by applicant seeking order to strike out paragraph of Defence – notice of motion filed by respondent seeking leave to amend Defence – oral application by respondent seeking leave to issue subpoena to third party for production – consideration of principles in Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 – whether applicant would be unduly prejudiced by proposed amendments to Defence – whether proposed amendments reflect case of respondent – whether proposed amendment so vague as to be meaningless – whether conduct of respondent "fishing exercise" Held: the notice of motion filed by the applicant on 21 January 2011 be dismissed and the respondent be given leave to amend the Defence and issue a subpoena for production

Legislation: Trade Practices Act 1974 (Cth) s 82 Federal Court Rules O 27A r 2(1), O 13 r 2

Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 cited Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 cited Dye v Commonwealth Securities Ltd (No 2) [2010] FCAFC 118 cited Jilani v Wilhelm (2005) 148 FCR 255 cited