Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Leica Geosystems Pty Ltd v Koudstaal (No 2) [2013] FCA 722 Citation: Leica Geosystems Pty Ltd v Koudstaal (No 2) [2013] FCA 722
Parties: LEICA GEOSYSTEMS PTY LTD (ACN 000 112 765), LEICA GEOSYSTEMS AG and LEICA GEOSYSTEMS MINING INC v ANDREW KOUDSTAAL and AUTOMATED POSITIONING SYSTEMS PTY LTD (ACN 098 359 301)
File number: QUD 139 of 2012
Judge: COLLIER J
Date of judgment: 24 July 2013
Catchwords: PRACTICE AND PROCEDURE – leave to amend statement of claim on first day of four day trial – factors relevant to exercise of discretion to permit amendment – possible new claim only drawn to notice of applicants in last three weeks – inevitable adjournment of trial regardless of whether leave granted – need for respondents to adduce further expert evidence – leave granted – applicants to pay costs of respondents thrown away by amendment
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 applied 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 Leica Geosystems Pty Ltd v Koudstaal [2012] FCA 1337 related
Date of hearing: 23 July 2013
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