Wyzenbeek v Australasian Marine Imports Pty Ltd [2017] FCA 1460

FEDERAL COURT OF AUSTRALIA

Wyzenbeek v Australasian Marine Imports Pty Ltd [2017] FCA 1460 File number(s): NSD 911 of 2015

Judge(s): DERRINGTON J

Date of judgment: 7 December 2017

Catchwords: PRACTICE AND PROCEDURE – application to amend statement of claim – where application has been filed after the commencement of the hearing – where particulars of statement of claim do not reflect detail of the case which applicants wish to rely – where respondents first objected to the evidence the week before the commencement of the hearing PRACTICE AND PROCEDURE – application to amend statement of claim – principles to apply on application to amend considered – relevance and role of pleadings in proceedings that are case managed considered – whether prejudice would arise because related proceedings had settled considered PRACTICE AND PROCEDURE – application to amend statement of claim – obligation of respondent to take pre-emptive action in relation to an applicant's pleadings considered – duty of the parties to comply with ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth) considered PRACTICE AND PROCEDURE – application to amend statement of claim – whether statement of claim disclosed "no transaction" case considered – Adequate pleading of causation in a cause of action based on a trade practices claim considered PRACTICE AND PROCEDURE – application to amend statement of claim – where cause of action pleaded is that the respondent is "knowingly concerned" in a contravention of the Trade Practices Act 1974 (Cth) – Yorke v Lucas applied