ASIC v Ludgates Corporate & Investment Advisory Services Pty Ltd (No. 2) [2005] FCA 828

ASIC v Ludgates Corporate & Investment Advisory Services Pty Ltd (No. 2) [2005] FCA 828

It would not be just at this late stage to allow the applicant to substantially expand the case through amendments, almost doubling the number of alleged contraventions, as this would be prejudicial to the respondents and contrary to the interests of justice.

Jurisdiction
Australia
Judgment Date
14 June 2005
Procedural Posture
Civil / Interlocutory Application on Amendment of Statement of Claim
Outcome
Application for leave to amend particular paragraphs of the statement of claim refused.
Legal Topics
['amendment of Pleadings' 'contraventions of S 851 of the Corporations Law 2000 (cth)']
['corporations Law' 'civil Procedure'] ['amendment of Pleadings' 'contraventions of S 851 of the Corporations Law 2000 (cth)']

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Procedural Posture

Civil / Interlocutory Application on Amendment of Statement of Claim

Legal Issues

  1. 1 ['Whether proposed amendments to the statement of claim, alleging further particulars of contraventions of s 851 of the Corporations Law 2000 (Cth), should be allowed at a late stage in proceedings']

Ratio Decidendi

It would not be just at this late stage to allow the applicant to substantially expand the case through amendments, almost doubling the number of alleged contraventions, as this would be prejudicial to the respondents and contrary to the interests of justice.

Court Disposition

Application for leave to amend particular paragraphs of the statement of claim refused.

Orders

  • ['Leave to amend the specified paragraphs of the statement of claim is refused.' "The costs of the application to amend the statement of claim be the Third Respondent's costs in the proceedings."]