Federal Court of Australia
Federal Court of Australia
Dollinger Filtration Ltd v Laminar Air Flow Pty Ltd [2021] FCA 817 File number(s): NSD 2290 of 2018
Judgment of: STEWART J
Date of judgment: 16 July 2021
Date of publication of reasons: 19 July 2021
Catchwords: PRACTICE AND PROCEDURE – pleadings – application for leave to amend defence – whether amendment sought to resile from previous admission – where no explanation of how or why admission came to be pleaded – where no evidence that the amendment sought would correct an error – where investigation of matter put in issue by sought amendment might be fruitless by virtue of being in relation to facts occurring 50 years prior – where amendment sought shortly before trial – case management principles – whether applicants would suffer prejudice by amendment – leave to amend refused
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 16.06, 16.51, 16.53, 26.11 Trade Marks Act 1955 (Cth) ss 36, 37 Trade Marks Act 1995 (Cth) ss 85, 88
Cases cited: Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2017] FCAFC 56; 345 ALR 205 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1390 Caterpillar Loader Hire (Holdings) Pty Ltd v Caterpillar Tractor Co [1983] FCA 143; 77 FLR 139 Celestino v Celestino [1990] FCA 449 Jeans v Commonwealth Bank of Australia Ltd [2003] FCAFC 309; 204 ALR 327 Langdale v Danby [1982] 1 WLR 1123 Selvaratnam v St George – A Division of Westpac Banking Corporation (No 2) [2021] FCA 486
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