Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Camilleri v The Trust Company (Nominees) Limited [2015] FCA 1138 Citation: Camilleri v The Trust Company (Nominees) Limited [2015] FCA 1138
Parties: GEORGE CAMILLERI and ANN CAMILLERI v THE TRUST COMPANY (NOMINEES) LIMITED (ACN 000 154 441)
File number: VID 410 of 2013
Judge: MIDDLETON J
Date of judgment: 27 October 2015
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend originating application and statement of claim – where amendment raises new cause of action – where new cause of action is time barred – whether new cause of action arises out of substantially the same facts as currently pleaded – application for leave dismissed.
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Brickfield Properties Ltd v Newton [1971] 1 WLR 862 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Carter, in the matter of Spec FS NSW Pty Ltd (In Liquidation) (2013) 225 FCR 79 Clasul Pty Ltd v Commonwealth of Australia [2014] FCA 1133 Darcy v Medtel Pty Limited (No 3) [2004] FCA 807 Draney v Barry [2002] 1 Qd R 145 New South Wales v Radford (2010) 79 NSWLR 327 Pianta v BHP Australia Coal Limited [1996] 1 Qd R 65
Date of hearing: 22 September 2015
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