Federal Court of Australia
Federal Court of Australia
Save Wallum Incorporated v Clarence Property Corporation Limited (No 2) [2025] FCA 56 File number(s): NSD 872 of 2024
Judgment of: PERRY J
Date of judgment: 6 February 2025
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend the respondent's further amended defence to raise a defence under s 43B of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether prejudice would be suffered by the applicant by the granting of leave – consideration of delay in raising the s 43B defence – whether the grant of leave to amend the respondent's defence would cause delay in the trial – application granted.
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 43B and 465 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 16.53
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Edmonds v Barrington Winstanley Group Pty Ltd [2024] FCA 821 Save Wallum Incorporated v Clarence Property Corporation Limited [2024] FCA 967 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 38
Date of hearing: 4 February 2025
Counsel for the Applicant: Mr R Reynolds
Solicitor for the Applicant: Blair Arthur and Associates
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