Pacific National (ACT) Limited (ACN 48 052 134 362) v Queensland Rail (ABN 47 564 947 264) [2005] FCA 958

Pacific National (ACT) Limited (ACN 48 052 134 362) v Queensland Rail (ABN 47 564 947 264) [2005] FCA 958

The proposed amendments were refused because there was no evidence that PN ever intended or intends in the future to acquire an alternative terminal; therefore, the amendments relating to such detriment were found to be futile and irrelevant.

Jurisdiction
Australia
Judgment Date
08 July 2005
Procedural Posture
Application to Amend Statement of Claim / Interlocutory
Outcome
Leave to amend the statement of claim refused in part, granted in part; costs awarded against applicant.
Legal Topics
['amendment of Pleadings' 'estoppel' 'detriment' 'costs']
['practice and Procedure'] ['amendment of Pleadings' 'estoppel' 'detriment' 'costs']

Case Brief

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Procedural Posture

Application to Amend Statement of Claim / Interlocutory

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim to introduce additional pleaded detriments' 'Whether the amendments are relevant and supported by evidence']

Ratio Decidendi

The proposed amendments were refused because there was no evidence that PN ever intended or intends in the future to acquire an alternative terminal; therefore, the amendments relating to such detriment were found to be futile and irrelevant.

Court Disposition

Leave to amend the statement of claim refused in part, granted in part; costs awarded against applicant.

Orders

  • ['Leave is refused to amend the Third Further Amended Statement of Claim to add those portions of paragraphs 62(c), 68(c) and 70A(c) which the applicant sought to introduce in the Fourth Further Amended Statement of Claim.' 'Leave is granted to amend the Third Further Amended Statement of Claim, as contained in the...