Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pena Jetboat Rides Pty Ltd (Trustee) v Jonathon Kemp & Associates Pty Ltd [2011] FCA 910 Citation: Pena Jetboat Rides Pty Ltd (Trustee) v Jonathon Kemp & Associates Pty Ltd [2011] FCA 910
Parties: PENA JETBOAT RIDES PTY LTD (ACN 125 662 179) AS TRUSTEE FOR THE PENA JETBOAT TRUST TRADING AS HEL-A-VA JET BOATS TWEED HEADS/COOLANGATTA and CJ PENA NOMINEES PTY LTD (ACN 074 031 244) AS TRUSTEE OF THE CHRIS PENA FAMILY TRUST v JONATHON KEMP & ASSOCIATES PTY LTD (ACN 062 485 670) TRADING AS OCEANTECH DESIGN, CALIBRE MARINE PTY LTD (ACN 108 021 414) TRADING AS CALIBRE BOATS) and JONATHON CRAIG KEMP
File number: SAD 54 of 2010
Judge: BESANKO J
Date of judgment: 10 August 2011
Dates of hearing: 1, 4 August 2011
Catchwords: PRACTICE AND PROCEDURE — application by respondents shortly before trial to amend defences to allege contributory negligence, proportionate liability in relation to alleged negligence of third party and alleged negligence of other respondents — where amendments said to arise out of expert's report — where applicants did not say proposed amendments unarguable as matter of law — where there was no direct evidence that applicants could not be ready for trial — where applicants may need to consider whether to join third party — whether amendments were too late HELD: Leave was given to the respondents to amend their defences.
Legislation: Federal Court Rules 2011 r 1.04
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