Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Anchorage Capital Partners Pty Limited v ACPA Pty Limited (No 1) [2014] FCA 765 Citation: Anchorage Capital Partners Pty Limited v ACPA Pty Limited (No 1) [2014] FCA 765
Parties: ANCHORAGE CAPITAL PARTNERS PTY LIMITED v ACPA PTY LIMITED and ANCHORAGE CAPITAL GROUP L.L.C.; ACPA PTY LIMITED v ANCHORAGE CAPITAL PARTNERS PTY LIMITED
File numbers: NSD 149 of 2014
Judge: PERRAM J
Date of judgment: 25 July 2014
Catchwords: PRACTICE AND PROCEDURE – application to amend statement of claim – damages sought for lost profits and loss of chance of earning profits – whether necessary to identify basis for particular profits lost PRACTICE AND PROCEDURE – discovery – application for discovery before pleadings closed – whether unfair to require filing of evidence before discovery Cases cited: Australian Rugby Union Ltd v Canterbury International (Australia) Pty Ltd (No 1) [2012] FCA 497 considered Federal Commissioner of Taxation v Murry (1998) 193 CLR 605 cited Harrods Ltd v Harrodian School Ltd (1996) 35 IPR 355 cited Inland Revenue Commissioners v Muller & Co's Margarine Ltd [1901] AC 217 cited JT International SA v Commonwealth (2012) 291 ALR 669 cited Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 considered
Date of hearing: 17 July 2014
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