Selvaratnam v St George - A Division of Westpac Banking Corporation (No 2) [2021] FCA 486

Federal Court of Australia

Selvaratnam v St George – A Division of Westpac Banking Corporation (No 2) [2021] FCA 486 File number: NSD 655 of 2020

Judgment of: STEWART J

Date of judgment: 10 May 2021

Catchwords: PRACTICE AND PROCEDURE – application by the respondent to file a cross-claim and amended defence – where respondent sought to bring the cross-claim so that the hearing of the proceeding can determine finally all disputes – suitable explanation from the respondent as to why the cross-claim had not been filed earlier – where proposed amended defence seeks to withdraw a pleading that benefits the applicant – leave to amend required under rr 16.53 and 26.11(2) of the Federal Court Rules 2011 (Cth) – where applicant has not demonstrated any significant relevant prejudice by the amendments – where respondent provided sensible explanation for the amendments – where refusing leave to amend would lead to irremediable prejudice to the respondent – leave to file a cross-claim and amended defence granted PRACTICE AND PROCEDURE – application by the applicant to cross-examine a deponent on the respondent's application to file an amended defence – where cross-examination would be a dry run for the trial – where cross-examination at the interlocutory stage would give unfair advantage to the applicant – leave to cross-examine refused

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 12DA Contracts Review Act 1980 (NSW) Federal Court of Australia Act 1976 (Cth) s 37M National Consumer Credit Protection Act 2009 (Cth) Federal Court Rules 2011 (Cth) rr 16.53, 26.11(2)