Federal Court of Australia
Federal Court of Australia
Martin v Twin Creeks Golf & Country Club Ltd [2021] FCA 1499 File number: NSD 1985 of 2019
Judgment of: ABRAHAM J
Date of judgment: 30 November 2021
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend defence and withdraw admissions – consideration of discretionary factors, including whether there is a good reason that certain admissions should be withdrawn – leave to amend defence and withdraw admissions granted PRACTICE AND PROCEDURE – application for leave to file cross-claim out of time – consideration of discretionary factors, including whether there is an adequate explanation for delay in bringing the cross-claim and sufficiency of the pleading – leave to file cross-claim out of time refused COSTS – application for costs under s 570(2)(b) of the Fair Work Act 2009 (Cth) – whether conduct of the respondents was "unreasonable" – where no adequate explanation for delay – costs awarded
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Federal Court Rules 2011 (Cth) rr 15.04, 15.05, 16.02, 16.12, 16.21, 16.42, 16.51, 39.32
Cases cited: Ashby v Slipper (No 2) [2014] FCAFC 67; (2014) 314 ALR 84 Construction, Forestry, Mining and Energy Union v Clarke [2008] FCAFC 143; (2008) 170 FCR 574 Drabsch v Switzerland General Insurance Co Ltd [1999] NSWSC 1030 Maile v Rafiq [2005] NSWCA 410 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; (2015) 229 FCR 221 Richmond v Ora Gold Limited [2020] FCA 70 Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550; (2018) 359 ALR 564 Ryan v Primesafe Pty Ltd [2015] FCA 8; (2015) 323 ALR 107 Selvaratnam v St George – A Division of Westpac Banking Corporation (No 2) [2021] FCA 486 Singtel Optus Pty Ltd v Almad Pty Ltd [2013] NSWSC 1098 Specsavers Pty Ltd v The Optical Superstore Pty Ltd [2012] FCAFC 183; (2012) 208 FCR 78 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu (a firm) [2016] FCAFC 2; (2016) 332 ALR 199 Tsilibakis v Transfield Services (Australia) Pty Ltd (No 2) [2015] FCA 1048
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate