Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Danthanarayana v GR8 Constructions Pty Ltd [2013] FCA 1263 Citation: Danthanarayana v GR8 Constructions Pty Ltd [2013] FCA 1263
Parties: WAJI DANTHANARAYANA and MARIA DANTHANARAYANA v GR8 CONSTRUCTIONS PTY LTD (ACN 105 581 646), GRANT WILSON, ROBERT PETROVIC and KENYON HOPKINS; GR8 CONSTRUCTIONS PTY LTD (ACN 105 581 646), GRANT WILSON and ROBERT PETROVIC v WAJI DANTHANARAYANA and MARIA DANTHANARAYANA
File number: ACD 35 of 2011
Judge: FOSTER J
Date of judgment: 27 November 2013
Catchwords: PRACTICE AND PROCEDURE – whether the Court should grant leave to the applicants to amend their Statement of Claim – whether the allegations intended to be made in the proposed amended Statement of Claim, when considered together with the allegations made in the Statement of Claim in related proceedings, constitute an abuse of the process of the Court – whether the proposed amended Statement of Claim is bad in form
Legislation: Building and Construction Industry (Security of Payment) Act 2009 (ACT) Federal Court of Australia Act 1976 (Cth), s 37M and s 37N
Cases cited: Danthanarayana v GR8 Constructions Pty Ltd (2012) 201 FCR 347 cited Surfing Hardware International Holdings Pty Limited v McCausland (2008) 171 FCR 533 cited
Date of hearing: Decided on the papers
Date of last submissions: 6 December 2012
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