Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Danthanarayana v Commonwealth of Australia (No 2) [2016] FCA 157 File number: ACD 74 of 2011
Judge: FOSTER J
Date of judgment: 29 February 2016
Catchwords: PRACTICE AND PROCEDURE – whether, in the events which have happened, the Court should grant leave to amend to an applicant who has propounded several iterations of his proposed Statement of Claim including at times after an early iteration of that pleading was struck out with a very limited grant of a right to re-plead
Legislation: Fair Work Act 2009 (Cth), ss 12, 340, 342, 545 Federal Court of Australia Act 1976 (Cth), s 31A Public Service Act 1999 (Cth) Federal Court Rules 2011, r 26.01
Cases cited: Danthanarayana v Commonwealth of Australia [2014] FCA 552 Damevski v Guidice (2003) 133 FCR 438 HMS Truculent: The Admiralty v The Divina (Owners) [1951] 2 All ER 968 Leighton Contractors Pty Ltd v Fox (2009) 240 CLR 1 Nationwide News Pty Ltd v Naidu (2007) 71 NSWLR 471 Rockdale Beef Pty Ltd v Carey [2003] NSWCA 132 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Western Australia v Watson [1990] WAR 248
Date of hearing: Decided on the Papers
Date of last submissions: 31 October 2014
Registry: Australian Capital Territory
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
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