Federal Court of Australia
Federal Court of Australia
General Trade Industries Pty Ltd (in liquidation) v AGL Energy Limited (No 3) [2024] FCA 492 File number: QUD 255 of 2020
Judgment of: DERRINGTON J
Date of judgment: 14 May 2024
Catchwords: PRACTICE AND PROCEDURE – leave to amend originating application and statement of claim – originating application and statement of claim amended on previous occasions – new causes of action proposed – application made more than three years after proceedings commenced – no adequate explanation for need to replead – relevant considerations – application refused
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Caason Investments Pty Ltd v Cao (2015) 236 FCR 322 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 Dye v Commonwealth Securities Limited [2010] FCAFC 118 General Trade Industries Pty Ltd (in liquidation) v AGL Energy Limited (No 2) [2023] FCA 556 Global Brand Marketing Inc v Cube Footwear Pty Ltd (2005) 66 IPR 19 McGraw-Hill Financial Inc v Clurname Pty Ltd (2017) 123 ACSR 467 Plaintiff P1/2003 v Ruddock (2007) 157 FCR 518 Tamaya Resources Ltd v Deloitte Touche Tohmatsu (2016) 332 ALR 199 Voxson Pty Ltd v Telstra Corporation Ltd (No 7) (2017) 343 ALR 681
Division: General Division
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