Australian Securities & Investments Commission v Yandal Gold Holdings Pty Ltd [1999] FCA 567

Leave to amend is appropriate where the proposed amendments arise from facts already in issue, do not introduce new controversy, and it is in the interests of justice to allow arguable claims to be advanced notwithstanding legal difficulties. Amendments may also be allowed to ensure jurisdictional bases in light of...

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 27 April 1999
Procedural Posture: Application to Amend Statement of Claim / Interlocutory Motion for Leave to Amend
Outcome: Leave to amend granted with specified procedural directions; costs to be paid by applicant (ASIC).
Legal Topics: ['amendment of Pleadings' 'jurisdiction' 'takeovers' 'misleading or Deceptive Conduct']

['corporations' 'trade Practices' 'practice and Procedure'] ['amendment of Pleadings' 'jurisdiction' 'takeovers' 'misleading or Deceptive Conduct']

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Procedural Posture

Application to Amend Statement of Claim / Interlocutory Motion for Leave to Amend

Legal Issues

1 ['Whether to grant leave to amend the application and statement of claim to introduce new causes of action and particulars' 'Whether the additional claims are part of the existing controversy' 'Whether the claims are arguable and should be allowed notwithstanding possible legal difficulties' 'Whether the amendments are necessary to ensure Federal Court jurisdiction if the High Court overrules existing case law']

Ratio Decidendi

Court Disposition

Leave to amend granted with specified procedural directions; costs to be paid by applicant (ASIC).

Orders

['Applicant has leave to amend application and statement of claim as sought in motion of 23 April 1999.' 'Direct delivery of amended application and statement of claim on 27 April 1999.' 'Amended defence to be delivered by 4:00 pm on 30 April 1999.' 'Any further affidavit or report ASIC wishes to rely on to be filed...

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