Canavan v ICRA Rolleston Pty Ltd (Receivers and Managers Appointed) (in liquidation) [2022] FCA 117

Federal Court of Australia

Canavan v ICRA Rolleston Pty Ltd (Receivers and Managers Appointed) (in liquidation) [2022] FCA 117 File number(s): QUD 305 of 2021

Judgment of: DOWNES J

Date of judgment: 11 February 2022

Date of publication of reasons: 16 February 2022

Catchwords: PRACTICE AND PROCEDURE – proceedings to remove liquidators and replace with alternative liquidators – Court allocated trial dates on special basis during Full Court sitting period to accommodate plaintiff's request for urgent trial –– application brought to amend points of claim less than two weeks before trial – aspects of proposed amendments raise weak claim – explanation for amendments relates to documents sought by plaintiff in December 2021 with some documents obtained in January 2022 from Supreme Court registry – no evidence as to why documents were not sought earlier – no evidence that plaintiff did not have or could not have obtained documents at an earlier time – plaintiff also served voluminous evidence to support proposed new claims less than two weeks before trial – unchallenged evidence demonstrates that consequence of allowing amendments will mean that trial dates will be vacated – no certainty as to when new trial dates could be allocated or how long trial would take if amendments were allowed and trial adjourned – third party creditors of company in liquidation would be affected by delay in hearing the trial – amendments refused to extent that they were opposed

Legislation: Corporations Act 2001 (Cth) ss 420A, 436A, 1303 Federal Court (Corporations) Rules 2000 (Cth) r 2.13(1)(a)

Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261; [2010] FCAFC 101 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (a firm) (2016) 332 ALR 199; [2016] FCAFC 2