Darnell v Stonehealth Pty Ltd (No 3) [2021] FCA 743

Darnell v Stonehealth Pty Ltd (No 3) [2021] FCA 743

Leave to amend the originating application and to issue specified subpoenas is granted because there is now a proper evidentiary basis for the amendment, no disturbance to the hearing timetable is anticipated, and procedural fairness to all parties can be preserved.

Jurisdiction
Australia
Judgment Date
09 June 2021
Procedural Posture
Practice and Procedure / Interlocutory Application for Amendment and Leave to Issue Subpoenas
Outcome
Leave granted to amend the originating application and to issue subpoenas, with directions for further evidence and procedural timelines. Costs application adjourned.
Legal Topics
['amendment of Originating Application' 'leave to Issue Subpoenas' 'procedural Fairness' 'case Management']
['practice and Procedure'] ['amendment of Originating Application' 'leave to Issue Subpoenas' 'procedural Fairness' 'case Management']

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Procedural Posture

Practice and Procedure / Interlocutory Application for Amendment and Leave to Issue Subpoenas

Legal Issues

  1. 1 ['Whether leave should be granted to further amend the originating application to allege fraud against the first respondent' 'Whether leave should be granted to issue subpoenas reliant on the amended pleading' 'Whether the proposed amendments and subpoenas would prejudice the hearing dates or procedural fairness']

Ratio Decidendi

Leave to amend the originating application and to issue specified subpoenas is granted because there is now a proper evidentiary basis for the amendment, no disturbance to the hearing timetable is anticipated, and procedural fairness to all parties can be preserved.

Court Disposition

Leave granted to amend the originating application and to issue subpoenas, with directions for further evidence and procedural timelines. Costs application adjourned.

Orders

  • ['Applicant has leave to amend the originating application in terms of the draft annexed to the affidavit of Mr Stoddart filed on 7 June 2021.' 'The amended originating application to be filed and served by close of business the same day.' 'Applicant to file and serve further affidavit evidence and outline of...