University of Western Australia v Gray (No 24) [2008] FCA 1400

University of Western Australia v Gray (No 24) [2008] FCA 1400

O 13 of the Federal Court Rules did not permit the University to amend the originating application after final judgment to add ACN and plead causes of action based on Dr Gray's post-judgment transfer of shares, because such a construction would be inconsistent with the finality principle and with the function of an appeal as a rehearing directed at correcting error.

Jurisdiction
Australia
Judgment Date
12 September 2008
Procedural Posture
Practice and Procedure Application to Amend Originating Application / After Trial Judgment Dismissing the Applicant's Claim and While an Appeal Was Pending
Outcome
The applicant's application to amend its second substituted application was dismissed.
Legal Topics
['amendment of Originating Application After Judgment' 'new Claims Based on Post Judgment Events' 'finality Principle' 'appeal by Way of Rehearing' 'interlocutory Injunctive Relief Pending Appeal']
['practice and Procedure' 'civil Procedure' 'appellate Procedure'] ['amendment of Originating Application After Judgment' 'new Claims Based on Post Judgment Events' 'finality Principle' 'appeal by Way of Rehearing' 'interlocutory Injunctive Relief Pending Appeal']

Case Brief

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Procedural Posture

Practice and Procedure Application to Amend Originating Application / After Trial Judgment Dismissing the Applicant's Claim and While an Appeal Was Pending

Legal Issues

  1. 1 ['Whether O 13 r 2 of the Federal Court Rules permitted the applicant to amend its originating application after final judgment to add ACN as a respondent and plead claims based on events occurring after judgment.' 'Whether the proposed amendment was inconsistent with the finality principle and the nature of an appeal as a rehearing directed at correcting error.']

Ratio Decidendi

O 13 of the Federal Court Rules did not permit the University to amend the originating application after final judgment to add ACN and plead causes of action based on Dr Gray's post-judgment transfer of shares, because such a construction would be inconsistent with the finality principle and with the function of an appeal as a rehearing directed at correcting error.

Court Disposition

The applicant's application to amend its second substituted application was dismissed.

Orders

  • ["The applicant's application to amend its second substituted application is dismissed." 'The applicant is to commence a proceeding against the first respondent and ACN 132 442 114 Pty Limited (ACN) relating to the transfer by the first respondent of his shares in the second respondent to ACN on 27 August 2008,...