Wijayaweera v St Gobain Abrasives Ltd [2012] FCA 97

Wijayaweera v St Gobain Abrasives Ltd [2012] FCA 97

The applicant's applications to amend the statement of claim and for an adjournment were dismissed because no formulated or fresh proposed pleading was provided, and there was no sufficient basis for an adjournment given extensive prior opportunity and compliance with court directions.

Parties
Applicant: Anupriya Wijayaweera; First Respondent: St Gobain Abrasives Ltd; Second Respondent: Craig Towner; Fourth Respondent: Francois Xavier Lienhart; Fifth Respondent: Catherine Hobbs
Jurisdiction
Australia
Judgment Date
13 February 2012
Procedural Posture
Federal Court Civil Proceeding / Ruling on Application to Amend Statement of Claim and for Adjournment
Outcome
Applications dismissed
Legal Topics
Pleading Amendment, Adjournment, Summary Dismissal, Corporations Act Ss 180 184
Corporations Law Pleading Amendment Adjournment Summary Dismissal Corporations Act Ss 180 184

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Parties

Anupriya Wijayaweera

Applicant

St Gobain Abrasives Ltd

First Respondent

Craig Towner

Second Respondent

Francois Xavier Lienhart

Fourth Respondent

Catherine Hobbs

Fifth Respondent

Procedural Posture

Federal Court Civil Proceeding / Ruling on Application to Amend Statement of Claim and for Adjournment

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim
  2. 2 Whether the hearing should be adjourned

Ratio Decidendi

The applicant's applications to amend the statement of claim and for an adjournment were dismissed because no formulated or fresh proposed pleading was provided, and there was no sufficient basis for an adjournment given extensive prior opportunity and compliance with court directions.

Court Disposition

Applications dismissed

Orders

  • The application to amend the statement of claim is dismissed.
  • The application for an adjournment of the hearing is dismissed.