Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Santa Trade Concerns Pty Limited v Robinson [2016] FCA 1510 File number(s): NSD 1684 of 2016
Judge(s): WIGNEY J
Date of judgment: 3 November 2016
Catchwords: CORPORATIONS – representative proceedings – application to serve a respondent in the United States of America – Federal Court Rules 2011 (Cth), r 10.43 – whether the applicant has a prima facie case for all or any of the relief claimed – whether the proceeding is of a kind mentioned in Federal Court Rules 2011 (Cth), r 10.42 CORPORATIONS – representative proceedings – application to amend statement of claim – where pleadings have not yet closed – where proceedings are a closed class – where effect of amendment would be to include additional entities into the definition of group members – whether leave to amend should be granted in circumstances where not all group members have been served
Legislation: Federal Court Rules 2011 (Cth), rr 1.32, 1.35, 10.43(4), 16.51, 16.54 Federal Court of Australia Act 1976, s 33K(1)
Cases cited: Australian Competition and Consumer Commission v April International Marketing Services Pty Ltd (No 6) [2010] FCA 704 City of Swan v McGraw-Hill Financial Inc (2014) 223 FCR 328 Perdaman Chemicals & Fertilisers v Griffin Coal Mining Co Pty Ltd [2011] FCA 1425 Suzlon Energy v Bangad (No 3) [2012] FCA 123
Date of hearing: 3 November 2016
Registry: New South Wales
Division: General Division
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