Federal Court of Australia
Federal Court of Australia
Prygodicz v Commonwealth of Australia [2020] FCA 1454 File number: VID 1252 of 2019
Judgment of: MURPHY J
Date of judgment: 17 September 2020
Date of publication of reasons: 8 October 2020
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend statement of claim to add claims for further relief – application made shortly prior to trial – purpose of pleadings – adequacy of pleading of knowledge of unlawfulness – availability of claim for aggravated damages in negligence – leave to amend allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Social Security (Administration) Act 1999 (Cth) s 126 Social Security Act 1991 (Cth) ss 1222A, 1223(1), 1229
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Barclay Mowlem Construction Ltd v Dampier Port Authority and Another [2006] WASC 281 Crump v Equine Nutrition Systems Pty Ltd [2006] NSWSC 512 Gray v Motor Accident Commission (1998) 196 CLR 1 Hunter Area Health Service v Marchlewski (2000) 51 NSWLR 268 Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] FCA 1645; (2000) ATPR 41-743 Lamb v Cotogno (1987) 164 CLR 1 Thomson v STX Pan Ocean Co Ltd [2012] FCAFC 15 Uren v John Fairfax & Sons Pty Limited [1966] HCA 40; (1966) 117 CLR 118 Wickstead v Browne (1992) 30 NSWLR 1
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