Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sherrin Hire Pty Ltd v Tidd Ross Todd Ltd (No 3) [2017] FCA 181 File number: NSD 379 of 2014
Judge: FOSTER J
Date of judgment: 28 February 2017
Catchwords: PRACTICE AND PROCEDURE – whether leave to amend a Cross-Claim should be granted in circumstances where: (a) The proposed Amended Cross-Claim raises a new case; (b) There has been significant and unexplained delay in bringing forward the case proposed to be raised by the amendment; and (c) The new case has little prospect of succeeding.
Legislation: Trade Practices Act 1974 (Cth), ss 52, 82 and 87
Cases cited: Sherrin Hire Pty Ltd v Sherrin Rentals Pty Ltd [2015] FCA 1107 Sherrin Hire Pty Ltd v Tidd Ross Todd Ltd (No 2) [2016] FCA 891 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu (A Firm) (2016) 332 ALR 199
Date of hearing: 27 February 2017
Registry: New South Wales
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