Australian Securities & Investment Commission v Fortescue Metals Group Ltd [No 3] [2009] FCA 430

There is no prejudice to the defendants arising out of the proposed amendments in light of the evidence adduced and parties' opening addresses. The amendments should be allowed and liberty granted to defendants to amend defences if desired.

Jurisdiction: Australia
Judgment Date: 01 May 2009
Procedural Posture: Civil / Ruling on Proposed Amendment to Statement of Claim
Outcome: Plaintiff's proposed amendments to statement of claim allowed; liberty granted to defendants to amend defences.
Legal Topics: ['amendment to Pleadings' 'disclosure Obligations' 'misleading Conduct' 'knowledge in Relation to Framework Agreements' 'ndrc Approval' 'equity Participation']

['corporations Law'] ['amendment to Pleadings' 'disclosure Obligations' 'misleading Conduct' 'knowledge in Relation to Framework Agreements' 'ndrc Approval' 'equity Participation']

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Procedural Posture

Civil / Ruling on Proposed Amendment to Statement of Claim

Legal Issues

1 ["Whether the plaintiff should be permitted to amend the statement of claim to plead an alternative latest date for defendants' knowledge regarding NDRC approval and equity participation requirements" 'Whether the proposed amendments would prejudice the defendants']

Ratio Decidendi

Court Disposition

Plaintiff's proposed amendments to statement of claim allowed; liberty granted to defendants to amend defences.

Orders

['Proposed amendments to statement of claim permitted' 'Liberty to defendants to amend defences in response']