Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chau v The Australian Broadcasting Corporation [2019] FCA 1856 File number: NSD 1088 of 2017
Judge: RARES J
Date of judgment: 10 October 2019
Catchwords: PRACTICE AND PROCEDURE – amendment of pleadings – application for leave to amend defence to include more extensive particulars of justification relating to imputations of bribery – where proposed particulars were highly unlikely to support the admission of evidence that could prove substantial truth of imputations of bribery and where objective facts and materials did not support imputations – where applicant lost earlier trial date due to pending determination of appeal of publishers' prior unsuccessful application for leave to file amended defence – where seriousness of allegations required prompt and proper particularisation of justification defence to imputations of bribery – where real likelihood that applicant's reputation adversely affected by delay and attempt to further amend defence – where human strain on applicant – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Australian Broadcasting Corporation v Wing (2019) 371 ALR 545 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (2016) 332 ALR 199 The Queen v Hillier (2007) 228 CLR 618 Trkulja v Google LLC (2018) 263 CLR 149
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