Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sherrin Hire Pty Ltd v Sherrin Rentals Pty Ltd [2013] FCA 1204 Citation: Sherrin Hire Pty Ltd v Sherrin Rentals Pty Ltd [2013] FCA 1204
Parties: SHERRIN HIRE PTY LTD ABN 450 07 741 942 v SHERRIN RENTALS PTY LTD (FORMERLY SHERRIN EQUIPMENT PTY LTD) ABN 520 74 173 756, MICHAEL PATRICK SHERRIN and SHERRIN EQUIPMENT PTY LIMITED ABN 39 083 732 012
File numbers: NSD 1981 of 2011 NSD 350 of 2012
Judge: EDMONDS J
Date of judgment: 15 November 2013
Catchwords: PRACTICE AND PROCEDURE – application for leave to file amended defence raising new grounds and to file cross-claim against new parties after applicant has filed its evidence in chief and proceedings have been fixed for final hearing – considerations to be taken into account in exercise of discretion as to whether leave granted
Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB Federal Court Rules 2011
Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 considered Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 referred to Genworth Financial Mortgage Insurance Pty Ltd v Peter Clisdell Pty Ltd [2009] FCA 1014 referred to
Date of hearing: 5 November 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 48
Counsel for the Applicant: Mr F Corsaro SC and Mr WAD Edwards
Solicitor for the Applicant: TressCox Lawyers
Counsel for the Respondents: Ms EA Collins SC with Mr L Shipway
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