Winra v Skycity Adelaide Pty Ltd (No 2) [2013] FCA 910

Winra v Skycity Adelaide Pty Ltd (No 2) [2013] FCA 910

In the circumstances, including the importance of a key witness and absence of fault on the part of the applicant personally, and given that the amendment issues could be managed by partial refusal and further particulars, the Court vacated the trial date, allowed limited leave to amend the Reply, extended time for affidavits, adjourned the matter to directions, and preserved the respondents' costs rights.

Parties
Applicant: Bethany Helena Winra; First Respondent: Skycity Adelaide Pty Ltd; Second Respondent: David Kelman
Jurisdiction
Australia
Judgment Date
10 September 2013
Procedural Posture
Sex Discrimination Claim / Pre Trial, Interlocutory Orders and Amendment Applications
Outcome
Trial date vacated; interlocutory orders made; directions adjourned
Legal Topics
Amendment of Pleadings, Leave to Rely on Witness Statements, Adjournment of Trial, Orders as to Costs, Directions Hearing
Sex Discrimination Amendment of Pleadings Leave to Rely on Witness Statements Adjournment of Trial Orders as to Costs Directions Hearing

Case Brief

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Parties

Bethany Helena Winra

Applicant

Skycity Adelaide Pty Ltd

First Respondent

David Kelman

Second Respondent

Procedural Posture

Sex Discrimination Claim / Pre Trial, Interlocutory Orders and Amendment Applications

Legal Issues

  1. 1 Whether to vacate trial date due to amendment application, service of additional affidavits, and witness unavailability
  2. 2 Whether to grant applicant leave to amend Reply and adduce further affidavit evidence
  3. 3 Whether to order costs against applicant or solicitors for late witness statements and trial vacation

Ratio Decidendi

In the circumstances, including the importance of a key witness and absence of fault on the part of the applicant personally, and given that the amendment issues could be managed by partial refusal and further particulars, the Court vacated the trial date, allowed limited leave to amend the Reply, extended time for affidavits, adjourned the matter to directions, and preserved the respondents' costs rights.

Court Disposition

Trial date vacated; interlocutory orders made; directions adjourned

Orders

  • The trial date of Monday 9 September 2013 be vacated.
  • The first respondent's application for costs of the vacation against the applicant's solicitors on an indemnity basis is adjourned to a date to be fixed.