Punchbowl Casual Dining Pty Ltd v Rashays Cafes & Restaurants Pty Ltd (No 3) [2024] FCA 1137

Federal Court of Australia

Punchbowl Casual Dining Pty Ltd v Rashays Cafes & Restaurants Pty Ltd (No 3) [2024] FCA 1137 File number: NSD 1457 of 2023

Judgment of: JACKMAN J

Date of judgment: 23 September 2024

Catchwords: PRACTICE AND PROCEDURE – application to amend statement of claim – where delay unexplained – where respondent unable to prepare evidence to meet allegation in time for the hearing – application dismissed

Cases cited: Punchbowl Casual Dining Pty Limited v Rashays Cafes & Restaurants Pty Limited (No 2) [2024] FCA 127

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 7

Date of hearing: 23 September 2024

Counsel for the Applicants: Mr B May

Solicitor for the Applicants: XD Law and Advocacy

Counsel for the Respondent: Mr J Gooley

Solicitor for the Respondent: HWL Ebsworth Lawyers

ORDERS NSD 1457 of 2023

BETWEEN: PUNCHBOWL CASUAL DINING PTY LTD

(ACN 638 873 802) First Applicant

MOHAMMAD MATIUR RAHAMAN Second Applicant

MUHAMMAD WAJAHAT Third Applicant

AND: RASHAYS CAFES & RESTAURANTS PTY LTD

(ACN 150 097 724) Respondent

order made by: JACKMAN J DATE OF ORDER: 23 September 2024

THE COURT ORDERS THAT:

1. The applicants be granted leave to amend the originating process in the form annexed to the affidavit of Mr Vaughan dated 17 September 2024. 2. Leave to amend the statement of claim in the form annexed to that affidavit be refused. 3. The applicants pay the respondent's costs of the interlocutory application dated 17 September 2024. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.