Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Suzlon Energy Ltd v Bangad (Application of Credit Suisse Group SA) [2011] FCA 921 Citation: Suzlon Energy Ltd v Bangad (Application of Credit Suisse Group SA) [2011] FCA 921
Related to: Beluga Shipping GmbH & Co v Suzlon Energy Ltd (No 5) [2011] FCA 176
Parties: SUZLON ENERGY LTD AND OTHERS NAMED IN THE SCHEDULE v SANJEEV BANGAD AND OTHERS NAMED IN THE SCHEDULE
File number: NSD 1670 of 2008
Judge: RARES J
Date of judgment: 12 August 2011
Catchwords: PRACTICE AND PROCEDURE – misnomer of party – amendment to correct a mistake in the name or identity of a party by substituting another pursuant to O 13 r 2(4) of the Federal Court Rules 1979 (Cth) or r 15.15(1)(c), (d), (f) of the Federal Court Rules 2011 (Cth) – wholly owned subsidiary of the party named in error substituted as a cross defendant – party named in error refused service in Switzerland then brought motion seeking orders discharging leave granted to join and serve it and indemnity costs – whether any special principle or rule for award of costs to party named by reason of misnomer
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M(1), 37N(1), (2) and (4), 43(2) Federal Court Rules 1979 (Cth) O 6 r 7, O 6 r 8, O 8A, O 9 r 7(1), O 13 r 2(1), (3), (4) and (5) Federal Court Rules 2011 (Cth) rr 1.04(2) and (3), 9.05(1)(a), 9.07, 9.11(a), 15.15(1)(c), (d) and (f), 16.51(2), 16.53
Cases cited: Austin Australia Pty Ltd (In Liq) v A & G Scaffolding & Rigging Service Pty Ltd (2007) 25 ACLC 1363 considered Beluga Shipping GmbH & Co KS "Beluga Fantastic" v Suzlon Energy Ltd (No 5) (2011) 278 ALR 56 referred to Bridge Shipping Pty Ltd v Grand Shipping SA (1991) 173 CLR 231 applied Calderbank v Calderbank [1976] Fam 93 referred to CGU Insurance Ltd v Corrections Corporation of Australia Staff Superannuation Ltd [2008] FCAFC 173 applied Davies v Elsby Brothers Ltd [1961] 1 WLR 170; [1960] 3 All ER 672 not followed John R Quality Meats Pty Ltd v Cains (NSWSC 23 May 1988 unreported) referred to Maamary v Pepsico Australia Pty Ltd [2001] NSWCA 375 referred to Probiotec Ltd v University of Melbourne (2008) 166 FCR 30 considered
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