Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Marsh Pty Ltd v Vickery (No 2) [2014] FCA 1100 Citation: Marsh Pty Ltd v Vickery (No 2) [2014] FCA 1100
Parties: MARSH PTY LTD v NOEL VICKERY
File number: SAD 310 of 2012
Judge: BESANKO J
Date of judgment: 13 October 2014
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend pleadings – where applicant seeks to expand claims against respondent – where respondent alleges substantial delay in applying for leave to amend – where no evidence of prejudice to respondent. PRACTICE AND PROCEDURE – application to cross-examine on interlocutory application. Held: Application for leave to amend allowed.
Legislation: Corporations Act 2001 (Cth) s 183 Federal Court Rules 2011 (Cth) r 16.53
Cases cited: AON Risk Services Australia Limited v Australian National University (2009) 239 CLR 175
Dates of hearing: 11, 15, 24 September 2014
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicant: Ms N Charlesworth
Solicitor for the Applicant: Ashurst Australia
Counsel for the Respondent: Mr T Duggan
Solicitor for the Respondent: Fox Tucker Lawyers
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 310 of 2012
BETWEEN: MARSH PTY LTD
Applicant
AND: NOEL VICKERY
Respondent
JUDGE: BESANKO J DATE OF ORDER: 13 october 2014 WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The applicant has leave to amend paragraph 43.1 of its Second Further Amended Statement of Claim in terms of the proposed Third Amended Statement of Claim, being exhibit JS-29 to the affidavit of Julia Elizabeth Sutherland sworn on 10 September 2014. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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