Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carna Group Pty Ltd v The Griffin Coal Mining Company (No 5) [2020] FCA 970 File number: WAD 354 of 2018
Judge: MCKERRACHER J
Date of judgment: 9 July 2020
Catchwords: PRACTICE AND PROCEDURE – pleadings – amendment – applications for leave to withdraw admissions – whether the admissions concern a question of law or fact – whether it is in the interests of justice to allow the amendments Held: applications granted
Legislation: Federal Court Rules 2011 (Cth) r 26.11(2)
Cases cited: Ansell Healthcare Products LLC v Reckitt Benckiser (Australia) Pty Ltd (No 2) [2016] FCA 765 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1390 Awap Sgt 26 Investment Ltd v CN 2000 Holdings Ltd [2020] WASCA 74 Carna Group Pty Ltd v Griffin Coal Mining Company (No 3) [2020] FCA 576 Coliban Heights Pty Ltd v Citisolar Vic Pty Ltd [2018] VSCA 191 Damberg v Damberg [2001] NSWCA 87 Dovuro Pty Ltd v Wilkins [2003] HCA 51; (2003) 215 CLR 317 Federal Commissioner of Taxation v Travelex Ltd [2020] FCAFC 10 J Kitchen & Sons Pty Ltd v Stewart's Cash & Carry Stores (1942) 66 CLR 116 Juno Pharmaceuticals Pty Ltd v Millennium Pharmaceuticals, Inc [2019] FCA 526 Newbon v City Mutual Life Assurance Society Ltd (1935) 52 CLR 723 Optical 88 Ltd v Optical 88 Pty Ltd [2010] FCA 310 Shine v Williams [2007] WASCA 194 Trevilyan v Donaldson [1997] SASC 6502
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