Waterproofing Technologies Pty Ltd v Perri [2022] FCA 714

FEDERAL COURT OF AUSTRALIA

Waterproofing Technologies Pty Ltd v Perri [2022] FCA 714 File number: NSD 660 of 2021

Judgment of: ANDERSON J

Date of judgment: 6 June 2022

Date of publication of reasons: 4 July 2022

Catchwords: PRACTICE AND PROCEDURE – application for leave to file and serve an amended statement of claim – where the proceeding involves numerous corporate and individual entities and multiple complex commercial transactions – where proceeding raises questions of fact and law in relation to pleading of a dishonest and fraudulent design under the second limb in Barnes v Addy – whether granting leave to file Amended Statement of Claim would significantly impact upon the proper preparation of the case – whether there is a reasonable basis to infer that the respondents have engaged in the alleged wrongdoing – leave to file an Amended Statement of Claim granted PRACTICE AND PROCEDURE – application to set aside notice to produce – application allowed PRACTICE AND PROCEDURE – application to discharge or vary freezing order – where there is no good or arguable case or exceptional circumstances which would warrant the exercise of judicial discretion to discharge the freezing orders – application dismissed

Legislation: Federal Court Rules 2011 (Cth) Corporations Act 2001 (Cth)

Cases cited: Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd [1994] FCA 636; 217 ALR 226 Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 Barclay Mowlem Construction Ltd v Dampier Port Authority [2006] WASC 281; 33 WAR 82 Barnes v Addy (1874) LR 9 Construction, Forestry, Mining and Energy Union (CFMEU) v BHP Coal Pty Ltd (No 3) Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572; 104 FCR 564 Paras v Public Service Body Head of the Department of Infrastructure (No 2) [2006] FCA652; 152 IR 352 Thomson v STX Pan Ocean Co Ltd [2012] FCAFC 15