Cheers v El Davo Pty Ltd (in liq) [2000] FCA 361

Cheers v El Davo Pty Ltd (in liq) [2000] FCA 361

Using witness statements exchanged under court directions to identify amendments to pleadings facilitates the hearing and is not use for a collateral purpose. The primary Judge's decision granting leave to amend was plainly correct and not affected by sufficient doubt, so leave to appeal was refused and the motion dismissed with costs.

Jurisdiction
Australia
Judgment Date
23 March 2000
Procedural Posture
Motion for Leave to Appeal From a Decision Giving Leave to Amend a Cross Claim / Full Court Notice of Motion
Outcome
The notice of motion filed on 21 March 2000 was dismissed with costs.
Legal Topics
['leave to Appeal' 'amendment of Pleadings' 'exchange of Witness Statements' 'legal Professional Privilege' 'breach of Confidence' 'collateral Purpose']
['civil Procedure' 'evidence'] ['leave to Appeal' 'amendment of Pleadings' 'exchange of Witness Statements' 'legal Professional Privilege' 'breach of Confidence' 'collateral Purpose']

Case Brief

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Procedural Posture

Motion for Leave to Appeal From a Decision Giving Leave to Amend a Cross Claim / Full Court Notice of Motion

Legal Issues

  1. 1 ['Whether Capital Investments Corporation could use information derived from witness statements exchanged under directions pursuant to O 10 r 2 of the Federal Court Rules to amend its cross-claim.' 'Whether that use of witness statements involved a breach of legal professional privilege or breach of confidence, or use for a collateral purpose.' "Whether leave to appeal should be granted from the primary Judge's exercise of discretion granting leave to amend." 'Whether an undeveloped ultra vires argument about rules providing for exchange of witness statements should justify leave to appeal.']

Ratio Decidendi

Using witness statements exchanged under court directions to identify amendments to pleadings facilitates the hearing and is not use for a collateral purpose. The primary Judge's decision granting leave to amend was plainly correct and not affected by sufficient doubt, so leave to appeal was refused and the motion dismissed with costs.

Court Disposition

The notice of motion filed on 21 March 2000 was dismissed with costs.

Orders

  • ['The notice of motion filed on 21 March 2000 be dismissed with costs.']