Axis Investment Centre Pty Ltd v Mathew [2016] FCA 1562

FEDERAL COURT OF AUSTRALIA

Axis Investment Centre Pty Ltd v Mathew [2016] FCA 1562 File number(s): QUD 522 of 2016

Judge(s): GREENWOOD J

Date of judgment: 21 December 2016

Catchwords: PRACTICE AND PROCEDURE – consideration of an application for leave to amend the Originating Application and the question of the disposition of the costs associated with that application and related matters

Legislation: Federal Court of Australia Act 1976, s 31A

Cases cited: Spencer v Commonwealth (2010) 241 CLR 118 Pihiga Pty Ltd v Roche (2011) 1278 ALR 209

Date of hearing: 14 December 2016

Date of last submissions: 14 December 2016

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Category: Catchwords

Number of paragraphs: 49

Counsel for the Applicant: Mr C Johnstone

Solicitor for the Applicant: Lander & Rogers Lawyers

Counsel for the Respondent: Mr M Stunden

Solicitor for the Respondent: Crilly Lawyers

ORDERS QUD 522 of 2016

BETWEEN: AXIS INVESTMENT CENTRE PTY LTD ACN 107 287 874 (and others named in the Schedule) First Applicant

AND: JOSEPH MATHEW (and others named in the Schedule) First Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 21 DECEMBER 2016

THE COURT ORDERS THAT:

1. The applicants file and serve an Amended Originating Application in terms of the proposed Amended Originating Application the subject of the interlocutory application by the applicants which was to be filed on 13 December 2016 and although not filed was nevertheless relied upon by the applicants at a case management hearing on 14 December 2016. 2. The Amended Originating Application contemplated by Order 1 be filed and served by Friday, 13 January 2017. 3. The applicants file and serve an Amended Statement of Claim in respect of the final relief claimed in the Amended Originating Application, by 4.00pm, 27 January 2017. 4. The first, second and third respondents file their Defence by 4.00pm on 10 February 2017. 5. The parties complete discovery by 4.00pm on 3 March 2017. 6. The parties have liberty to apply. 7. The parties have leave to issue, after the completion of discovery, such subpoenas as may be necessary. 8. The proceeding be listed for review at 9.30am on 10 March 2017. 9. The applicants pay the costs of the first, second and third respondents of and incidental to all claims abandoned by the applicants and, for the sake of clarity, those claims are the claims made by the applicants at paragraph 6 of the Originating Application to the extent that the claim sought a declaration, paragraphs 7, 9, 11 and 12 of the Originating Application and paragraph 13 as proposed by the solicitors for the applicants and ultimately abandoned. 10. The applicants pay the costs of the first, second and third respondents of and incidental to their application filed on 29 November 2016 by which those parties sought judgment in the proceeding in respect of paragraphs 6, 7, 9, 11 and 12 of the Originating Application and other orders. 11. The first, second and third respondents have leave to tax the costs the subject of Orders 9 and 10 and recover those costs immediately. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.