Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 4) [2015] FCA 570 Citation: Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 4) [2015] FCA 570
Parties: MINERALOGY PTY LTD ACN 010 582 680 v SINO IRON PTY LTD ACN 058 429 708, KOREAN STEEL PTY LTD ACN 058 429 600, CITIC PACIFIC LTD and CITIC PACIFIC MINING MANAGEMENT PTY LTD ACN 119 578 371; SINO IRON PTY LTD ACN 058 429 708 and KOREAN STEEL PTY LTD ACN 058 429 600; MINERALOGY PTY LTD ACN 010 582 680; ATTORNEY GENERAL FOR WESTERN AUSTRALIA
File number: WAD 110 of 2013
Judge: EDELMAN J
Date of judgment: 8 June 2015
Catchwords: PRACTICE AND PROCEDURE – indemnity costs – application to amend pleading – application raising major new matters – application would inevitably result in adjournment for substantial period of time if granted – application brought one week into a trial immediately before cross-examination – no explanation for the delay in bringing the application – application not withdrawn despite substantial evidence of prejudice – application withdrawn immediately after hearing – indemnity costs awarded
Legislation: Federal Court Rules 2011 (Cth) rr 16.05(2), 40.02
Cases cited: DS Clarke Nominees Pty Ltd v Adder Holdings Pty Ltd [2015] FCA 277 Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8; (2002) 209 CLR 95 Masters v Cameron (1954) 91 CLR 353 Date of hearing: 8 June 2015
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