Australian Securities and Investments Commission v Channic Pty Ltd (No 2) [2014] FCA 1327

Australian Securities and Investments Commission v Channic Pty Ltd (No 2) [2014] FCA 1327

Leave was refused for most proposed amendments because they were extensive, were delivered shortly before a two-week trial and considered on the second day of trial, would withdraw admissions and alter the case in a fundamental way, and would require ASIC to have further time or an adjournment, contrary to orderly trial conduct and the overarching purpose. Leave was granted only for the limited amendments identified in the orders, including amendments ASIC had identified and unproblematic changes from denials to admissions.

Jurisdiction
Australia
Judgment Date
02 December 2014
Procedural Posture
Practice and Procedure Application for Leave to Amend Defence / Application Heard After Commencement of Trial
Outcome
Application to amend defence allowed in part and otherwise dismissed; respondents ordered to pay the applicant's costs of the application.
Legal Topics
['amendment of Pleadings' 'withdrawal of Admissions' 'overarching Purpose' 'trial Management' 'national Consumer Credit Protection Act Preliminary Assessment']
['practice and Procedure' 'civil Procedure' 'consumer Credit'] ['amendment of Pleadings' 'withdrawal of Admissions' 'overarching Purpose' 'trial Management' 'national Consumer Credit Protection Act Preliminary Assessment']

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Procedural Posture

Practice and Procedure Application for Leave to Amend Defence / Application Heard After Commencement of Trial

Legal Issues

  1. 1 ['Whether the respondents should have leave to amend their defence dated 10 April 2014 in accordance with a schedule of amendments served shortly before trial.' 'Whether proposed amendments converting admissions or non-admissions into denials should be permitted after the commencement of trial.' 'Whether allowing the amendments would be inconsistent with the orderly conduct of the trial and the overarching purpose in s 37M of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

Leave was refused for most proposed amendments because they were extensive, were delivered shortly before a two-week trial and considered on the second day of trial, would withdraw admissions and alter the case in a fundamental way, and would require ASIC to have further time or an adjournment, contrary to orderly trial conduct and the overarching purpose. Leave was granted only for the limited amendments identified in the orders, including amendments ASIC had identified and unproblematic changes from denials to admissions.

Court Disposition

Application to amend defence allowed in part and otherwise dismissed; respondents ordered to pay the applicant's costs of the application.

Orders

  • ['The respondents have leave to amend their defence dated 10 April 2014 as set out in the schedule of amendments (Exhibit 10) only in respect of items 27, 31, 39, 40, 50, 51, 56, 57, 58, 69, 70, 71, 77, 78, 79, 93, 94, 102, 103, 112 and 114.' "The respondents' application to amend their defence is otherwise...