Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hopkins v AECOM Australia Pty Ltd (No 7) [2016] FCA 234 File number: NSD 757 of 2012
Judge: NICHOLAS J
Date of judgment: 11 March 2016
Catchwords: PRACTICE AND PROCEDURE – application to amend defence and cross-claims – where respondent seeks to rely upon inconsistent factual allegations in the alternative – where leave to amend opposed on basis that alternative cases are based on two sets of inconsistent facts - whether a party may plead inconsistent allegations of fact in the alternative –whether alternative case as pleaded and particularised is tenable – application for leave to amend disallowed in part
Legislation: Bankruptcy Act 1966 (Cth) s 120 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 16.06
Cases cited: Fenton v Fenton [1966] 2 NSWR 605 Hopkins v AECOM Australia Pty Ltd (No 5) [2015] FCA 1228 Issitch v Worrell (2000) 172 ALR 586
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