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Civil Practice Case Summaries
70104 - Civil Practice
1 Found helpful • 44 Pages • Complete Study Notes • Year: Pre-2021
Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 Topic: Case Management Key words: Case management practices – amendment to pleadings – entitlement to have all valid defences heard Nature of Proceedings and Court • Appeal to the High Court from the Federal Court • Kiefel J in the FCA had refused leave to the defendants to add another defence to their case. Whitlam and Sundberg JJ in the Full Federal Court confirmed this decision (Carr J dissented). It was then sent to the HCA. Relevant Legal Principles • How much importance should be given to case management principles. Facts • The parties were in a long-running commercial dispute about the lease of an amusement park between Brisbane City Council and JL Holdings. • About 6 months before the hearing, the applicants (Queensland) raised an amendment that effectively brought in a new defence. JL Holdings claimed that this would significantly delay the trial. • Kiefel J in the FCA refused leave to amend, since it would delay the hearing dates.
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