Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oztech Pty Ltd v Public Trustee of Queensland (No 6) [2016] FCA 391 File number: NSD 937 of 2014
Judge: YATES J
Date of judgment: 19 April 2016
Catchwords: PRACTICE AND PROCEDURE – split trial – claim for damages – whether the existence of loss or damage should be determined at the first stage where loss or damage is an element of the cause of action PRACTICE AND PROCEDURE – leave to amend statement of claim previously given – whether conditions on which leave granted have been satisfied PRACTICE AND PROCEDURE – particulars – whether party entitled to further particulars – whether party has the "necessary" particulars
Legislation: Federal Court of Australia Act 1976 (Cth) s 33Q Federal Court Rules 2011 rr 16.41, 16.43, 16.45 Federal Court Rules 1979 O 12 r 5
Cases cited: DP World Sydney Limited v Maritime Union of Australia (No 1) [2013] FCA 278 Goldsmith v Sandilands (2002) 190 ALR 370; [2002] HCA 31 McDonald's Hamburgers Ltd v Burgerking (UK) Ltd [1987] FSR 112 Merck Sharp & Dohme (Australia) Pty Ltd v Peterson [2009] FCAFC 26 Oztech Pty Ltd v Public Trustee of Queensland (No 2) [2015] FCA 1485 Palram Australia Pty Ltd v Rees [2013] FCA 649 Police & Nurses Credit Society Ltd v Burgess Rawson (WA) Pty Ltd [2006] FCA 1395 Trade Practices Commission v Total Australia Ltd (1975) 24 FLR 413
Date of hearing: 13 April 2016
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