Amirbeaggi as Trustee for the Bankrupt Estate of Hanna v Hanna (No 2) [2022] FCA 562

FEDERAL COURT OF AUSTRALIA

Amirbeaggi as Trustee for the Bankrupt Estate of Hanna v Hanna (No 2) [2022] FCA 562 File number(s): NSD 1285 of 2020

Judgment of: GOODMAN J

Date of judgment: 18 May 2022

Catchwords: PRACTICE AND PROCEDURE – application for leave to amend cross-claim – where application made after expert report concluded, contrary to the cross-claimant's pleaded position, that he had signed a dealing for the transfer of property – where consideration of the factors relevant to the discretion weighs in favour of allowing the amendment PRACTICE AND PROCEDURE – application for an order that this proceeding be heard with another proceeding and that evidence in one proceeding be evidence in the other – where some common issues and common witnesses whose credit will be in issue – where no objection by parties other than the cross-respondent – application granted

Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW)

Cases cited: Amirbeaggi as Trustee of the Bankrupt Estate of Hanna v Hanna [2021] FCA 988 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101; (2010) 187 FCR 261 Ghose v CX Reinsurance Company Ltd [2010] NSWSC 110 Humphries v Newport Quays Stage 2A Pty Ltd [2009] FCA 699 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2; (2016) 332 ALR 199 Trade Practices Commissioner v David Jones (Australia) Pty Ltd (1985) 7 FCR 109 Walsh, Liquidator of D&R Community Services Pty Ltd (Receivers and Managers Appointed) (In Liq) v Commissioner of Taxation [2018] FCA 1739