Manday Investments Pty Ltd v Commonwealth Bank of Australia [2011] FCA 681

FEDERAL COURT OF AUSTRALIA

Manday Investments Pty Ltd v Commonwealth Bank of Australia [2011] FCA 681 Citation: Manday Investments Pty Ltd v Commonwealth Bank of Australia [2011] FCA 681

Parties: MANDAY INVESTMENTS PTY LTD ACN 074 281 084 and GEORGE ANAGNOSTOPOULOS, LILLIAN PAULA ANAGNOSTOPOULOS, RONALD WILLIAM ANDERSON AND ROSALINA ANDERSON v COMMONWEALTH BANK OF AUSTRALIA ACN 123 123 124 and BAVICH PTY LTD ACN 079 959 836 (FORMERLY AUSTRALIAN VALUATION SERVICES PTY LTD) AND DEAN ROBERT BAVICH

File number: WAD 233 of 2008

Judge: MCKERRACHER J

Date of judgment: 15 June 2011

Catchwords: PRACTICE AND PROCEDURE – application for leave to amend pleadings – Federal Court Rules O 13 r 2 – whether the new pleading is based on 'the same or substantially the same facts' pleaded in the existing claim for relief – whether the new claim would be subject to limitation period – whether it is just to grant leave to amend – whether granting leave to amend would result in prejudice COSTS – indemnity costs – discontinuance of part of a claim – whether the claim had no prospects of success and should not have been brought

Legislation: Federal Court Rules O 13 r 2(1), O 13 r 2(3), O 13 r 2(7), O 13 r 3A(1), O 62 r 3

Cases cited: Astram Financial Services Pty Ltd v Bank of Queensland Ltd [2010] FCA 1010 Australian Competition and Consumer Commission v Barrett Property Group Ltd v Metricon Homes Pty Ltd (No 2) [2007] FCA 1823 Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (2003) 214 CLR 51 Beck v Corrs Chambers Westgarth [2010] FCA 552 Darcy v Medtel Pty Ltd (No 3) [2004] FCA 807 Rodgers v Commissioner of Taxation (1998) 88 FCR 61 SPI Spirits (Cyprus) Ltd v Diageo Australian Ltd (No 4) [2007] FCA 1035 Weldon v Neal (1887) 19 QBD 394