Federal Court of Australia
Federal Court of Australia
Karpik v Carnival plc (The Ruby Princess) (Amendment Application) [2022] FCA 1232 File number(s): NSD 806 of 2020
Judgment of: STEWART J
Date of judgment: 14 October 2022
Catchwords: PRACTICE AND PROCEDURE – application to amend defence at the commencement of the trial – whether onus of proof on issues sought to be introduced by the proposed pleading, namely ss 61(3) and 267(1)(c) of the Australian Consumer Law, lie with applicant or respondents – where proposed amendments had not hitherto been part of the issues in the case – where grant of leave would result in a lengthy adjournment – where some of the proposed amendments are bad in law and unresponsive to the applicant's pleading
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 61(3), 267(1)(c) Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 16.02(1)(e) Sale of Goods Act 1895 (SA) (repealed) s 14 Sale of Goods Act 1893 (UK) (repealed) s 14 Sale of Goods Act 1979 (UK) s 14
Cases cited: ALDI Foods Pty Ltd as General Partner of ALDI Stores (a Ltd Partnership) v Transport Workers' Union of Australia [2020] FCA 269; 294 IR 407 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Capic v Ford Motor Company of Australia Pty Ltd [2021] FCA 715; 154 ACSR 235 Central Regional Council v Uponor Ltd 1996 SLT 645 Dye v Commonwealth Securities Ltd (No 2) [2010] FCAFC 118 Effem Foods Ltd v Nicholls [2004] NSWCA 332; ATPR 42-034 Gill v Ethicon Sàrl (No 5) [2019] FCA 1905 Grant v Australian Knitting Mills Ltd [1936] AC 85 Kaplan v Victoria (No 2) [2022] FCA 679 Moore v Scenic Tours Pty Ltd (No 2) [2017] NSWSC 733 Rasell v Cavalier Marketing (Australia) Pty Ltd [1991] 2 Qd R 323 Scenic Tours Pty Ltd v Moore [2018] NSWCA 238; 361 ALR 456 Thomson v STX Pan Ocean Co Ltd [2012] FCAFC 15 Wade v J Daniels and Associates Pty Ltd [2020] FCA 1708 Miller's Australian Competition and Consumer Law Annotated (44th ed, Lawbook Co, 2022)
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