Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Franklin v GHF Pty Ltd [2014] FCA 1414 Citation: Franklin v GHF Pty Ltd [2014] FCA 1414
Parties: GUY ROBERT FRANKLIN, TERENCE WILLIAM MOORE and GFC HOBART PTY LTD v GHF PTY LTD, DAMIEN BAIN, MARIANNA GUIRGUIS, KEITH PERUMAL, JASPRI PRIVATE PTY LTD and SIMONE SMITH
File number(s): TAD 14 of 2013
Judge(s): DAVIES J
Date of judgment: 23 December 2014
Catchwords: PRACTICE AND PROCEDURE – application pursuant to r 16.53 of the Federal Court Rules 2011 (Cth) to amend defence and cross claim – where amendments raise new alternative claims – whether adequate explanation for delay in amending pleadings – whether proposed claims are futile – whether prejudice to the applicants if proposed claims are allowed – leave to amend granted
Legislation: Federal Court Rules 2011 (Cth) r 16.53 Trade Practices Act 1974 (Cth) ss 52, 87CB, 87CC, 87CD Civil Liability Act 2002 (Tas) Part 9A Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Brookhouse v NSW Mutual Real Estate Fund Ltd (1978) ATPR 40-064 Diamond Hill Mining Pty Ltd v Huang Jin Mining Pty Ltd (2011) ACSR 616; [2011] VSC 288 Burke v LFOT Pty Ltd (2002) 209 CLR 282 Aon Risk Services Australia Pty Ltd v Australian National University (2009) 239 CLR 175
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