Verge v Devere Holdings Pty Ltd (No 2) [2009] FCA 1048

Verge v Devere Holdings Pty Ltd (No 2) [2009] FCA 1048

Leave was granted to Castleworld Pty Ltd to amend its defence due to the lack of extensive delay, reasonable explanation, absence of tactical maneuvers, and limited additional evidence required, provided costs are paid and s 78B notices issue. The trial dates are vacated and re-fixed to allow amendment without prejudicing the opposing parties.

Jurisdiction
Australia
Judgment Date
17 September 2009
Procedural Posture
Motion to Amend Defence / Pre Trial Interlocutory Application
Outcome
leave granted to amend defence; trial adjourned
Legal Topics
['late Amendment of Defence' 'adjournment of Trial' 'constitutional Point' 'service of Notices' 'balancing Competing Interests']
['practice and Procedure' 'bankruptcy Law' 'property Law' 'constitutional Law'] ['late Amendment of Defence' 'adjournment of Trial' 'constitutional Point' 'service of Notices' 'balancing Competing Interests']

Case Brief

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Procedural Posture

Motion to Amend Defence / Pre Trial Interlocutory Application

Legal Issues

  1. 1 ['Whether leave should be granted for Castleworld Pty Ltd to amend its defence shortly before trial' 'Whether the proposed amendment raises a constitutional issue requiring notice under s 78B Judiciary Act 1903 (Cth)' 'The interaction between s 120 of the Bankruptcy Act 1966 (Cth) and the indefeasibility provisions of the Transfer of Land Act 1893 (WA)']

Ratio Decidendi

Leave was granted to Castleworld Pty Ltd to amend its defence due to the lack of extensive delay, reasonable explanation, absence of tactical maneuvers, and limited additional evidence required, provided costs are paid and s 78B notices issue. The trial dates are vacated and re-fixed to allow amendment without prejudicing the opposing parties.

Court Disposition

leave granted to amend defence; trial adjourned

Orders

  • ['The third respondent have leave to amend its defence.' "The third respondent's proposed amended substituted defence do stand as its amended substituted defence." "Service of the third respondent's amended substituted defence be dispensed with." 'The third respondent do forthwith issue notices under s 78B of the...