10 Dec 2008
HEINZ WATTIE'S LTD V GOODMAN FIELDER CONSUMER FOODS PTY LTD HC AK CIV 2007-404-6946
- Citation
- openlaw-2f7e5240_ab77_43e4_bf1f_567901f3d67f.pdf
- Court
- High Court
The Court held r11 and the Court's appellate powers allow an amendment to add s 66(1)(b) where the factual material supporting that statutory basis emerged only after the original application; reg95 does not render the original application invalid and the original application date remains the trigger for s 66(3), so allowing the amendment was necessary to determine the real controversy and does not cause unfair prejudice to the appellant; leave to amend granted.