Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clarke v Sandhurst Trustees Limited [2017] FCA 401 File number(s): QUD 591 of 2015
Judge(s): GREENWOOD J
Date of judgment: 17 April 2017
Catchwords: HIGH COURT AND FEDERAL COURT – consideration of the overarching purpose as contemplated by ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth) – consideration of an application for leave to further amend an amended statement of claim in the context of contentions of significant delay
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M, 37N Federal Court Rules 2011, r 16.02(1)(d)
Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu [2015] FCA 1098 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu (2016) 332 ALR 199
Date of hearing: 8 March 2017
Date of last submissions: 8 March 2017
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 170
Counsel for the Plaintiffs: Mr A S Martin SC and Mr G M Drew
Solicitor for the Plaintiffs: Shine Lawyers
Counsel for the Defendant: Mr M C Hoffmann and Mr J Hynes
Solicitor for the Defendant: Clyde & Co
ORDERS QUD 591 of 2015
BETWEEN: GRAEME CLARKE AND MARION CLARKE IN THEIR CAPACITY AS TRUSTEES OF THE G & M CLARKE SUPERANNUATION FUND Plaintiffs
AND: SANDHURST TRUSTEES LIMITED ACN 004 830 737 Defendant
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