Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Eggerth v Piccardi [2017] FCA 939 File number(s): NSD 437 of 2015
Judge(s): DERRINGTON J
Date of judgment: 18 August 2017
Catchwords: PRACTICE AND PROCEDURE – Interlocutory application to amend statement of claim – statement of claim agitates new causes of action – whether further amended statement of claim sufficiently particularised PRACTICE AND PROCEDURE – Joinder – whether parties should be joined under r 9.05 of the Federal Court Rules TRUSTS AND TRUSTEES – Entitlement of beneficiary to bring an action where trustee unwilling or unable to do so – consideration of whether "special circumstances" existed
Legislation: Limitation of Actions Act 1974 (Qld), s 38(1)(b) Federal Court Rules rr 9.05, 9.08
Cases cited: Alexander v Perpetual Trustees WA Ltd (2004) 216 CLR 109 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd [2017] FCAFC 75 Gosper v Sawer (1985) 160 CLR 548 Kitchen v Royal Air Force Association [1958] 1 WLR 563 Levy v Watt (2014) 308 ALR 748 Page v Central Queensland University [2006] QCA 478 Ramage v Waclaw (1988) 12 NSWLR 84
Date of hearing: 10 August 2017
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
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