Australia and New Zealand Banking Group Limited v James [2021] FCA 768

FEDERAL COURT OF AUSTRALIA

Australia and New Zealand Banking Group Limited v James [2021] FCA 768 File number(s): NSD 873 of 2020

Judgment of: CHEESEMAN J

Date of judgment: 7 July 2021

Catchwords: BANKRUPTCY – Application for leave to enlarge grounds in a notice of opposition to creditor's petition – application brought at a late stage of the proceedings and if granted would necessitate the vacation of the hearing – whether leave to amend ought to be granted – whether any prejudice may be cured by compensation – public interest factors weigh in exercise of discretion – no adequate explanation for the delay - Held: leave to amend refused PRACTICE AND PROCEDURE – leave to file additional evidence - whether leave ought to be granted in circumstances where there has been a failure to file evidence in the usual way - where if permitted, the additional evidence would require the Applicant to be put to substantial cost and expense in investigating and responding to matters raised in the additional evidence – Held: successful in part, only in respect of one affidavit to which the Applicant took no objection save for taking objections in the ordinary course of hearing – leave to file and rely on any additional evidence refused PRACTICE AND PROCEDURE – leave to adjourn proceedings – whether leave ought to be granted – whether the grant of an adjournment is consistent with the overriding purpose in s 37M of the Federal Court of Australia Act 1976 (Cth) and the principles in Aon Risk - Held: adjournment not granted

Legislation: Bankruptcy Act 1966 (Cth), ss 33(1)(a), 33(1)(b) Federal Court of Australia Act 1976 (Cth), s 37M