Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lynch v Cash Converters Personal Finance Pty Ltd [2016] FCA 1536 File number: NSD 900 of 2015
Judge: GLEESON J
Date of judgment: 19 December 2016
Catchwords: PRACTICE AND PROCEDURE – pleadings – amendment – application to file further amended defence pursuant to r 16.53 of the Federal Court Rules 2011 – whether prejudice to applicant compensable by costs order – whether contested amendments correct factual position – partial amendment allowed
Legislation: Federal Court Act 1976 (Cth) Federal Court Rules 2011
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 NT Power v Power and Water Authority [1999] FCA 1184 Oswal v Apache Corporation (No 3) [2014] FCA 835 S.P.I. Spirits (Cyprus) Ltd v Diageo Australia Ltd (No. 4) [2007] FCA 1035 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098
Date of hearing: 21 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 81
Counsel for the Applicant: Mr J Sheahan QC with Ms R Francois
Solicitor for the Applicant: Maurice Blackburn
Counsel for the Respondents: Mr RA Dick SC with Ms S Mirzabegian
Solicitor for the Respondents: Herbert Smith Freehills
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