Federal Court of Australia
Federal Court of Australia
Frigger v Trenfield (Application to Amend) [2024] FCA 508 File number: WAD 128 of 2023
Judgment of: COLVIN J
Date of judgment: 16 May 2024
Catchwords: PRACTICE AND PROCEDURE - pleadings - application for leave to amend - where amendments to application and statement of claim sought at stage in proceedings where matter is ready to be listed for final hearing - where proposed amendments introduce new claims and substantially expand existing claims - where introduction of amendments likely to cause substantial delay to resolution of dispute - held no prejudice to applicant if leave not granted - held interests of resolving dispute quickly and efficiently require proceedings to be confined to existing scope - leave granted in part to amend on limited terms - application otherwise dismissed
Cases cited: Australian Competition and Consumer Commission v Productivity Partners Pty Ltd (trading as Captain Cook College) (No 2) [2020] FCA 863 Caason Investments Pty Ltd v Cao [2015] FCAFC 94; (2015) 236 FCR 322 Frigger v Trenfield (No 10) [2021] FCA 1500 Frigger v Trenfield (Application for Release from Undertaking) [2023] FCA 1284 Frigger v Trenfield (No 3) [2023] FCAFC 49 Frigger v Trenfield [2023] HCASL 110
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 56
Date of hearing: 2 May 2024
Counsel for the Applicants: The applicants appeared in person
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