Pacific National (ACT) Limited (ACN 48 052 134 362) v Queensland Rail (ABN 47 564 947 264) [2005] FCA 535

Pacific National (ACT) Limited (ACN 48 052 134 362) v Queensland Rail (ABN 47 564 947 264) [2005] FCA 535

Leave is granted to amend the defence and to rely on Mr Bredhauer's affidavit because, although the changes represent a reversal of position and were made late in the proceedings, the discretion should be exercised in favour of QR given that the shift was prompted by recent pleading amendments, the issue is discrete and unlikely to impact previous cross-examination, and PN may object to specific evidence if necessary. The costs associated with the amendment and evidence are reserved to address any prejudice.

Jurisdiction
Australia
Judgment Date
26 April 2005
Procedural Posture
Interlocutory Application / After Close of Evidence; Application for Leave to Amend Defence and to Rely on Late Affidavit
Outcome
Leave to amend granted; leave to read affidavit granted; costs reserved.
Legal Topics
['amendment of Pleadings' 'admission of Late Evidence' 'estoppel' 'unconscionable Conduct' 'market Power Abuse']
['civil Procedure' 'commercial Law'] ['amendment of Pleadings' 'admission of Late Evidence' 'estoppel' 'unconscionable Conduct' 'market Power Abuse']

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Procedural Posture

Interlocutory Application / After Close of Evidence; Application for Leave to Amend Defence and to Rely on Late Affidavit

Legal Issues

  1. 1 ['Whether leave should be granted to amend the defence after close of evidence to reverse a previous position on estoppel and to rely on a late affidavit' 'Whether the amendments and late evidence cause prejudice to the conduct of the trial and interests of justice']

Ratio Decidendi

Leave is granted to amend the defence and to rely on Mr Bredhauer's affidavit because, although the changes represent a reversal of position and were made late in the proceedings, the discretion should be exercised in favour of QR given that the shift was prompted by recent pleading amendments, the issue is discrete and unlikely to impact previous cross-examination, and PN may object to specific evidence if necessary. The costs associated with the amendment and evidence are reserved to address any prejudice.

Court Disposition

Leave to amend granted; leave to read affidavit granted; costs reserved.

Orders

  • ['Leave is granted to amend the defence to add the new [61(e)] in the second further amended defence.' 'Leave is granted to read the affidavit of Mr Bredhauer, filed on 19 April 2005.' 'Additional directions arising from the above orders shall be addressed as soon as possible.' 'Costs reserved.']