Keynes v Rural Directions Pty Ltd (No 4) [2011] FCA 304

FEDERAL COURT OF AUSTRALIA

Keynes v Rural Directions Pty Ltd (No 4) [2011] FCA 304 Citation: Keynes v Rural Directions Pty Ltd (No 4) [2011] FCA 304

Parties: TIMOTHY DOUGLAS KEYNES, ELIZABETH JANE KEYNES, CHRISTOPHER JOHN MCCOURT and ROBERT NEVILLE KEYNES v RURAL DIRECTIONS PTY LTD, GRAIN POOL PTY LTD, ABB GRAIN LTD and GLENCORE GRAIN PTY LTD

File number: SAD 110 of 2008

Judge: BESANKO J

Date of judgment: 1 April 2011

Corrigendum: 13 May 2011

Catchwords: PRACTICE AND PROCEDURE — Application by plaintiff to set aside orders made pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) giving summary judgment in favour of two defendants — where orders granting summary judgment had been subject of unsuccessful appeal to the Full Court — where plaintiffs claimed to have argument which had not been considered at first instance or on appeal which could lead to relief claimed — where argument related to application of definition of derivative contained in s 761D of the Corporations Act 2001 (Cth) to certain grain contracts — whether summary judgments interlocutory for purpose of applications to set aside — discussion of test on application to set aside judgment under s 31A — where there was no explanation as to why new allegations had not been advanced at time of application for summary judgment — where there were difficulties with new argument — whether other claims not precluded by judgments should have been brought forward before application for summary judgment HELD: The application to set aside the judgments was dismissed and the plaintiffs were refused leave to file an amended statement of claim in the terms proposed.