Lo Pilato (Trustee) v Gold Coast Hinterland Tree Houses Pty Ltd [2022] FCA 814

Federal Court of Australia

Lo Pilato (Trustee) v Gold Coast Hinterland Tree Houses Pty Ltd [2022] FCA 814 File number: QUD 12 of 2022

Judgment of: LOGAN J

Date of judgment: 7 July 2022

Catchwords: PRACTICE AND PROCEDURE – application for leave to amend statement of claim – where proceeding already set down for final hearing in October 2022 – where amendment proposed to bring additional claims against existing respondent – where no evidence of reasons for delay in seeking amendment – where inferential explanation that basis for amendment arose following involvement of additional counsel – where factual substratum of proposed amendment known at time of commencement of proceeding – where evidence of respondents' solicitor disclosed significant additional expense in preparing proceeding for trial if amendment allowed – where prospect that amendment would place existing trial dates in jeopardy – where trial would be delayed to March 2023 – leave to amend refused

Legislation: Bankruptcy Act 1966 (Cth) s 120 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court Rules 2011 (Cth) r 8.21

Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 Lynch v Cash Converters Personal Finance Pty Ltd [2016] FCA 1536 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098

Division: General Division