James v Australian and New Zealand Banking Group Limited (No 1) [2020] FCA 662

FEDERAL COURT OF AUSTRALIA

James v Australian and New Zealand Banking Group Limited (No 1) [2020] FCA 662 File number: NSD 1658 of 2017

Judge: JAGOT J

Date of judgment: 7 May 2020

Catchwords: PRACTICE AND PROCEDURE – application for leave to further amend amended statement of grounds in support of application – application made to deal with further evidence – where application made at completion of hearing – procedural fairness does not require that an applicant be entitled to go on a fishing expedition – limitation issue – overarching purpose of civil litigation – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N

Cases cited: Coshott v Prentice, in the matter of Coshott (No 2) [2016] FCA 1531 Walsh v Deputy Commissioner of Taxation [1984] HCA 33; (1984) 156 CLR 337

Date of hearing: 7 May 2020

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 15

Counsel for the Applicant: N Condylis

Solicitor for the Applicant: Allsop Glover Lawyers

Counsel for the Respondent: J Hynes with K Boyd

Solicitor for the Respondent: Allens

ORDERS NSD 1658 of 2017

BETWEEN: DAVID ANTHONY JAMES Applicant

AND: AUSTRALIAN AND NEW ZEALAND BANKING GROUP LIMITED ABN 11 005 357 522 Respondent

JUDGE: JAGOT J DATE OF ORDER: 7 MAY 2020

THE COURT ORDERS THAT:

1. The applicant's application for leave to amend the Amended Statement of Grounds in Support of the Application and the consequential application to adjourn the hearing is dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.