Pollack, Philip John v Retravision (NSW) Ltd (ACN 000 384 565) [1996] FCA 1124

Pollack, Philip John v Retravision (NSW) Ltd (ACN 000 384 565) [1996] FCA 1124

Leave to amend the statement of claim to plead a cause of action arising after commencement of proceedings was refused because the Federal Court Rules do not authorise such an amendment, and the subpoena was set aside as legal professional privilege was properly claimed in respect of the documents sought.

Jurisdiction
Australia
Judgment Date
23 December 1996
Procedural Posture
Interlocutory Application / Judgment on Application to Amend Statement of Claim and to Set Aside Subpoena
Outcome
application to amend dismissed; subpoena set aside; costs in the cause
Legal Topics
['amendment of Statement of Claim' 'subpoena' 'legal Professional Privilege' 'waiver']
['practice and Procedure'] ['amendment of Statement of Claim' 'subpoena' 'legal Professional Privilege' 'waiver']

Case Brief

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Procedural Posture

Interlocutory Application / Judgment on Application to Amend Statement of Claim and to Set Aside Subpoena

Legal Issues

  1. 1 ['Whether the statement of claim can be amended to plead a cause of action arising after proceedings commenced' 'Whether the subpoena should be set aside due to legal professional privilege']

Ratio Decidendi

Leave to amend the statement of claim to plead a cause of action arising after commencement of proceedings was refused because the Federal Court Rules do not authorise such an amendment, and the subpoena was set aside as legal professional privilege was properly claimed in respect of the documents sought.

Court Disposition

application to amend dismissed; subpoena set aside; costs in the cause

Orders

  • ['The application to further amend the statement of claim is dismissed.' 'The subpoena to Andrew Stuart Brown of 18 June 1996 is set aside.' 'The costs of the notice of motion are costs in the cause.']