Holland v BT Securities Limited [2022] FCA 539

FEDERAL COURT OF AUSTRALIA

Holland v BT Securities Limited [2022] FCA 539 File number(s): SAD 162 of 2021

Judgment of: O'SULLIVAN J

Date of judgment: 13 May 2022

Catchwords: PRACTICE AND PROCEDURE – interlocutory application – application for discovery pursuant to r 20.13 of the Federal Court Rules 2011 (Cth) – whether the making of the order sought will facilitate the just resolution of the proceedings as quickly, inexpensively and efficiently as possible – whether the order sought will require a party to discover documents that are directly relevant – where the respondent discovered documents understood to be in use at the relevant time – where the remaining documents were unable to be located and/or do not exist – application dismissed PRACTICE AND PROCEDURE – interlocutory application – application seeking leave of the Court to amend the statement of claim pursuant to r 16.53 of the Federal Court Rules 2011 (Cth) – where some amendments were not opposed – where some amendments failed to disclose a reasonable cause of action – leave granted for amendments in the terms of paragraphs 4 to 6 and 12 – leave to amend remaining paragraphs refused

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth), s 37M Federal Court Rules 2011 (Cth), rr 16.21, 16.53, 20.13, 20.14(1) & (2) Stamp Duties Act 1920 (NSW) s 29

Cases cited: Abela v Giew (1964) 81 WN (Pt 1) (NSW) 344 Allstate Life Insurance Co v Australian & New Zealand Banking Group Ltd (1995) 58 FCR 26; 130 ALR 469 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2011] FCA 1396 Dennis v Brownlee (1963) 80 WN (NSW) 1239 Dye v Commonwealth Securities Ltd [2010] FCA 720 Pitman v Johnson [2017] FCA 945