Federal Court of Australia
Federal Court of Australia Park, in the matter of Queensland Nickel Pty Ltd (in liq) [2022] FCA 667 File number(s): QUD 235 of 2021
Judgment of: DOWNES J
Date of judgment: 7 June 2022
Date of publication of reasons: 8 June 2022
Catchwords: PRACTICE AND PROCEDURE – application to amend statement of claim filed in proceeding as grounds of opposition to orders sought – proposed additional paragraphs alleging breach of trust did not provide sufficient notice to the plaintiffs of the basis of the opposition – no explanation for failure to plead this claim in multiple earlier versions of this document – risk of trial dates being jeopardised – application refused
Cases cited: Queensland Nickel Pty Ltd (in liq) v QNI Metals Ltd & Ors [2021] QCA 138 Queensland Nickel Sales Pty Ltd v Queensland Nickel Pty Ltd (in liq) (No 3) [2022] FCA 564
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 39
Date of hearing: 7 June 2022
Counsel for the Plaintiffs: Mr A Pomerenke QC w/ Mr NJ Derrington and Mr SL Walpole
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