Federal Court of Australia
Federal Court of Australia
Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 9) [2020] FCA 1717 File number: WAD 341 of 2017
Judgment of: MCKERRACHER J
Date of judgment: 25 November 2020
Date of publication of reasons: 26 November 2020
Catchwords: PRACTICE AND PROCEDURE – pleadings – amendment – application for leave to amend defences to cross-claims – where amendment is sought to align pleadings to evidence already filed – where trial is five weeks away – where the amendments give rise to new legal arguments and a counterclaim for relief – extent to which the amendments depart from existing factual issues – whether cross-claimants could adequately respond in the time remaining before trial – whether any prejudice to the cross-claimants is compensable by costs orders – where amendments would not be liable to be struck out on their face – significance of amendments to cross-respondent's defence – where cross-respondent would be forced to proceed on pleadings unsupported by evidence if amendments refused
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 16.06
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Buurabalayji Thalanyji Aboriginal Corporation (RNTBC) v Onslow Salt Pty Ltd [2017] WASC 19 Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 4) [2019] FCA 1275 Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 7) [2020] FCA 572 Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 8) [2020] FCA 1488 Cauldron Energy Ltd v Beijing Joseph Investment Co Ltd [2016] WASC 22 Commonwealth Bank v linvest [2016] NSWSC 1846 Otsuka Pharmaceuticals Co., Ltd v Generic Health Pty Ltd [2019] FCA 230 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu [2015] FCA 1098 Westgem Investments Pty Ltd v Commonwealth Bank of Australia Ltd (No 3) [2018] WASC 73
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