Pacific National (ACT) Limited (ACN 48 052 134 362) v Queensland Rail (ABN 47 564 947 264) [2005] FCA 959
Leave is granted to the respondent to file the third further amended defence and cross-claim as the amendments are within the scope of the previous pleadings, responsive to issues raised, and there is no irreparable prejudice to the applicant.
- Parties
- Applicant/cross Respondent: Pacific National (ACT) Limited; Respondent/cross Claimant: Queensland Rail
- Jurisdiction
- Australia
- Judgment Date
- 11 July 2005
- Procedural Posture
- Application for Leave to Amend Pleadings / Interlocutory
- Outcome
- Leave to amend granted
- Legal Topics
- Leave to Amend Pleadings, Defence, Cross Claim, Responsiveness of Pleadings, Operational Detriment, Terminal Capacity
Case Brief
Summary, issues, holding and outcome
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Parties
Pacific National (ACT) Limited
Applicant/cross Respondent
Queensland Rail
Respondent/cross Claimant
Procedural Posture
Application for Leave to Amend Pleadings / Interlocutory
Legal Issues
- 1 Whether leave should be granted to amend the defence and cross-claim
- 2 Whether the amendments are responsive and within the scope of previous pleadings
- 3 Whether allowing the amendment causes prejudice
Ratio Decidendi
Leave is granted to the respondent to file the third further amended defence and cross-claim as the amendments are within the scope of the previous pleadings, responsive to issues raised, and there is no irreparable prejudice to the applicant.
Court Disposition
Leave to amend granted
Orders
- Leave is granted to amend the Second Further Amended Defence and Cross Claim as contained in the Third Further Amended Defence and Cross Claim.
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