Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (No 4) [2013] FCA 1047 Citation: Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (No 4) [2013] FCA 1047
Parties: TAMAWOOD LIMITED (ACN 010 954 499) v HABITARE DEVELOPMENTS PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN 122 935 497), BLOOMER CONSTRUCTIONS (QLD) PTY LTD (ACN 071 344 100), PETER FREDERICK O'MARA, DAVID GAVIN JOHNSON, WAYNE NORMAN BLOOMER, HABITARE PTY LTD (ACN 098 209 495), EIGHT MARCH PTY LTD (ACN 099 315 787) (AS TRUSTEE OF THE EIGHT MARCH DISCRETIONARY TRUST), FIRST PRIORITY DEVELOPMENTS PTY LTD (ACN 098 329 465) (AS TRUSTEE OF THE FIRST PRIORITY DISCRETIONARY TRUST) and MONDO ARCHITECTS PTY LTD (ACN 085 992 990)
File number: NSD 2504 of 2007
Judge: COLLIER J
Date of judgment: 15 October 2013
Catchwords: PRACTICE AND PROCEDURE – application to amend defence following delivery of judgment in respect of liability – whether proposed amendments reflected case run at trial – whether joint statement of issues superseded pleadings – whether innocent infringement defence in issue between parties at trial – principles in Aon Risk Services Limited v Australian National University (2009) 239 CLR 175
Legislation: Copyright Act 1968 (Cth) s 115(3) Federal Court Rules 2011 (Cth) r 16.53
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 cited Banque Commerciale SA en Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 cited Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 cited Dare v Pulham (1982) 148 CLR 658 cited Fox v Percy (2003) 214 CLR 118 cited Gould v Mount Oxide Mines Ltd (in Liq) (1916) 22 CLR 490 cited Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 cited Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (No 3) (2013) 101 IPR 225; [2013] FCA 410 cited
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