Bank of Queensland v Awad

Bank of Queensland brought an action against Awad seeking payment of a debt. In response, Awad filed a defence and a cross-claim against the bank. Subsequently, Awad made an application to amend the defence to include additional grounds and to add further defendants to the cross-claim. The bank opposed the application, arguing that it was an abuse of process. Awad also made an application to vacate the hearing date of the bank's application to strike out the cross-claim. The court had to decide whether Awad's application to amend the defence to include additional grounds and to add further defendants to the cross-claim was an abuse of process and whether the application to vacate the hearing date of the bank's application to strike out the cross-claim should be granted.

The court held that Awad's application to amend the defence to include additional grounds and to add further defendants to the cross-claim was not an abuse of process. The court held that the application was made in good faith and that there was a reasonable prospect that the amendment would result in a just outcome. The court held that the application to vacate the hearing date of the bank's application to strike out the cross-claim should be granted. The court held that Awad had established a good arguable case that the bank had acted improperly in making the application to strike out the cross-claim.

The court allowed Awad's application to amend the defence to include additional grounds and to add further defendants to the cross-claim. The court also granted Awad's application to vacate the hearing date of the bank's application to strike out the cross-claim. The court ordered that the bank's application to strike out the cross-claim be heard on a date to be fixed by the court.