Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hopkins v AECOM Australia Pty Ltd (No 3) [2014] FCA 1043 Citation: Hopkins v AECOM Australia Pty Ltd (No 3) [2014] FCA 1043
Parties: STEPHEN HOPKINS AS TRUSTEE FOR THE HOPKINS SUPERANNUATION FUND and KIM DENISE HOPKINS AS TRUSTEE FOR THE HOPKINS SUPERANNUATION FUND v AECOM AUSTRALIA PTY LTD ACN 093 846 925, RIVERCITY MOTORWAY MANAGEMENT LTD (ADMINISTRATORS APPOINTED) ACN 117 343 361 and RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 117 139 992; AECOM AUSTRALIA PTY LTD ACN 093 846 925 v PARTIES IN ATTACHED SCHEDULE
File number: NSD 757 of 2012
Judge: NICHOLAS J
Date of judgment: 26 September 2014
Catchwords: PRACTICE AND PROCEDURE – whether cross-claimant should be granted leave to amend cross-claim – whether proposed amended cross-claim untenable – discretionary considerations where cross-claim raises novel point of law – whether appropriate to determine point of law on application for leave to amend or at trial – leave to amend granted.
Legislation: Corporations Act 2001 (Cth) ss 1013K, 1021L, 1022A, 1022B
Cases cited: Carey v Freehills (2013) 303 ALR 445 Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 75 NSWLR 649 Hill v Van Erp (1997) 188 CLR 159 Spencer v The Commonwealth (2010) 241 CLR 118
Date of hearing: 22 September 2014 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 31 Counsel for AECOM Australia Pty Ltd: Dr AS Bell SC, Mr EAJ Hyde and Dr RCA Higgins Solicitor for AECOM Australia Pty Ltd: Baker & McKenzie Counsel for Mallesons Stephen Jaques: Mr P Jopling QC and Mr JR Williams Solicitor for Mallesons Stephen Jaques: Colin Biggers & Paisley
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