J.F. & B.E. Palmer Pty Ltd v Blowers & Lowe Pty Ltd & Anor [1986] FCA 627

J.F. & B.E. Palmer Pty Ltd v Blowers & Lowe Pty Ltd & Anor [1986] FCA 627

The amendment to raise s.85(1) of the Trade Practices Act 1974 in the defence is refused because it would be inconsistent with High Court authority and would cause prejudice due to the lateness and excusal of witnesses.

Jurisdiction
Australia
Judgment Date
12 October 1986
Procedural Posture
Application / Application to Amend Defence
Outcome
Application to amend defence refused
Legal Topics
['amendment of Pleadings' 'defence Under S.85(1)' 'late Application' 'prejudice to Parties']
['trade Practices'] ['amendment of Pleadings' 'defence Under S.85(1)' 'late Application' 'prejudice to Parties']

Case Brief

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Procedural Posture

Application / Application to Amend Defence

Legal Issues

  1. 1 ['Whether the defence may be amended to raise s.85(1) of the Trade Practices Act 1974 at a late stage of proceedings']

Ratio Decidendi

The amendment to raise s.85(1) of the Trade Practices Act 1974 in the defence is refused because it would be inconsistent with High Court authority and would cause prejudice due to the lateness and excusal of witnesses.

Court Disposition

Application to amend defence refused

Orders

  • ['Application to amend defence rejected']