Federal Court of Australia
Federal Court of Australia
Bloom v Legend Corporation Pty Ltd (No 2) [2024] FCA 540 File number: WAD 22 of 2017
Judgment of: JACKSON J
Date of judgment: 21 May 2024
Catchwords: PRACTICE AND PROCEDURE - application for leave to amend defence - whether leave would prejudice the applicant - whether trial dates at risk - proceeding commenced around seven years ago - almost nine months until trial - proposed factual amendments inherent in existing pleadings - application granted
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) ss 7, 54, 138
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Bloom v Legend Corporation [2022] FCA 746 Caason Investments Pty Ltd v Cao [2015] FCAFC 94; (2015) 236 FCR 322
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 56
Date of hearing: 21 May 2024
Counsel for the Applicant: Mr RD McCabe
Solicitor for the Applicant: Soul Legal
Counsel for the Respondent: Mr T Lampropolous SC with Mr HM O'Sullivan
Solicitor for the Respondent: McCabes Lawyers
ORDERS WAD 22 of 2017
BETWEEN: KIM RUSSELL BLOOM Applicant
AND: LEGEND CORPORATION PTY LTD (ABN 69 102 631 087) Respondent
order made by: JACKSON J DATE OF ORDER: 21 MAY 2024
THE COURT ORDERS THAT:
1. The respondent has leave to rely on the minute of amended defence dated 6 March 2024. 2. By 4.00 pm AWST on 23 May 2024, the respondent must file and serve the amended defence. 3. The respondent must pay the applicant's costs thrown away by reason of the amendments, if any, in any event. 4. Costs of the respondent's application for leave to rely on the minute of amended defence in the cause. 5. The matter is listed for a case management hearing at 2.15 pm AWST on 24 May 2024. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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