Federal Court of Australia
Federal Court of Australia
Four Air Leitchville Pty Ltd v Hurlad Pty Ltd [2024] FCA 167 File number(s): VID 120 of 2020
Judgment of: BUTTON J
Date of judgment: 29 February 2024
Catchwords: PRACTICE AND PROCEDURE – pleadings – where multiple attempts made to propose new pleading – where directions made at interlocutory hearing regarding form of pleading – whether applicant complied with those directions – leave granted
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 24
Date of last submissions: 27 February 2024
Date of hearing: 5 February 2024
Counsel for the Applicant: D Shirrefs
Solicitor for the Applicant: Maitland Lawyers
Counsel for the Third and Fourth Respondents: C G Juebner SC with O Nanlohy
Solicitor for the Third and Fourth Respondents: SBA Law
ORDERS VID 120 of 2020
BETWEEN: FOUR AIR LEITCHVILLE PTY LTD (ACN 006 929 219) Applicant
AND: HURLAD PTY LTD (ACN 063 476 415) First Respondent
GAVIN BULLAS Second Respondent
INTERAIR PTY LTD (ACN 005 884 042) (and another named in the Schedule) Third Respondent
order made by: BUTTON J DATE OF ORDER: 29 FEBRUARY 2024
THE COURT ORDERS THAT:
1. Pursuant to r 16.53 of the Federal Court Rules 2011 (Cth), the Applicant have leave to file and serve the Second Further Amended Statement of Claim in the form of the draft Second Further Amended Statement of Claim filed on 14 February 2024, save that the particulars to paragraph 45 should not include reference to the transcript of the hearing on 5 February 2024; and the particulars to paragraph 52(i) should not include a cross-reference to paragraph (1)(iii) of the particulars to paragraph 50. 2. The Applicant file and serve the Second Further Amended Statement of Claim by 4:00pm on 1 March 2024. 3. Within two business days from the date of these orders, the Applicant and the Third and Fourth Respondents are to notify each other if they seek a different costs outcome to that indicated in these reasons. 4. If one or more of the parties seeks a different costs outcome, the parties each have leave to file written submissions (of not more than two pages) on the question of costs, within four business days from the date of these orders. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate