Hillier v Martin (No 17) [2022] FCA 1156

Federal Court of Australia

Hillier v Martin (No 17) [2022] FCA 1156 File number(s): SAD 113 of 2020

Judgment of: O'SULLIVAN J

Date of judgment: 20 September 2022

Date of publication of reasons: 18 October 2022

Catchwords: PRACTICE AND PROCEDURE – application by applicant relying on r 1.35 of the Federal Court Rules 2011 (Cth) that contrary to FCR 9.05(3) the date upon which a joinder order made on 22 August 2022 is to take effect is 23 May 2022 – whether it is in the interests of justice for the joinder to take effect on 23 May 2022 – where the order will not permit the applicant to overcome a limitation period defence – where no prejudice suffered by the respondents and proposed respondents – where the delay in bringing the joinder application was not a reason either to refuse to make the joinder order or to refuse to make an order that it take effect on 23 May 2022 – where the respondents and proposed respondents may plead limitation defences – application for joinder order to take effect on 23 May 2022 granted PRACTICE AND PROCEDURE – application seeking an order granting leave to file a further amended originating application to reflect the additional parties, new causes of action and relief – where FCR 9.05(3) dispensed with – application granted PRACTICE AND PROCEDURE – oral application seeking leave to file a fourth amended statement of claim including a plea of s 48 of the Limitations of Actions Act 1936 (SA) – where no prejudice suffered by the respondents or proposed respondents – application granted

Legislation: Federal Court Rules 2011 (Cth), rr 1.32, 1.35, 9.05, 9.05(1)-(3), 16.53 Limitation of Actions Act 1936 (SA), s 48