FEDERAL COURT OF AUSTRALIA
Chameleon Mining NL v Murchison Metals Ltd [2009] FCA 137
PRACTICE AND PROCEDURE – application for leave to file expert evidence – filing of expert evidence would have effect of vacating trial date – delay by plaintiff in seeking to adduce expert evidence – no explanation by plaintiff of reasons for delay – prejudice to defendants – some losses cannot be compensated by costs order – application for leave denied
Black & Decker (Australasia) Pty Ltd v GMCA Pty Ltd [2007] FCA 1623 followed
Ingot & Ors v Macquarie & Ors [2004] NSWSC 1219 referred to
Micallef v ICI Operations Pty Ltd & Anor [2001] NSWCA 274 referred to
Queensland v J L HoldingsPty Ltd (1997) 189 CLR 146 referred toCHAMELEON MINING NL v MURCHISON METALS LTD ACN 078 257 799, PHILLIP FELICE GRIMALDI, GREGORY BENNETT BARNES, CROSSLANDS RESOURCES LTD ACN 061 262 397 and PINNACLE NOMINEES PTY LTD ACN 008 928 443
NSD 2355 of 2007
JACOBSON J
5 FEBRUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 2355 of 2007
BETWEEN: CHAMELEON MINING NL
Plaintiff
AND: MURCHISON METALS LTD ACN 078 257 799
First DefendantPHILLIP FELICE GRIMALDI
Second DefendantGREGORY BENNETT BARNES
Third DefendantCROSSLANDS RESOURCES LTD ACN 061 262 397
Fourth DefendantPINNACLE NOMINEES PTY LTD ACN 008 928 443
Fifth Defendant
JUDGE:
JACOBSON J
DATE OF ORDER:
5 FEBRUARY 2009
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application to adduce further evidence is dismissed.
2.The plaintiff pay the costs of today’s application.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 2355 of 2007
BETWEEN: CHAMELEON MINING NL
Plaintiff
AND: MURCHISON METALS LTD ACN 078 257 799
First DefendantPHILLIP FELICE GRIMALDI
Second DefendantGREGORY BENNETT BARNES
Third DefendantCROSSLANDS RESOURCES LTD ACN 061 262 397
Fourth DefendantPINNACLE NOMINEES PTY LTD ACN 008 928 443
Fifth Defendant
JUDGE:
JACOBSON J
DATE:
5 FEBRUARY 2009
PLACE:
SYDNEY
REASONS FOR JUDGMENT
The plaintiff sought leave to file three categories of expert evidence, but in the course of argument this afternoon, has modified the claim as set out below. The defendants oppose leave being granted.
These proceedings were commenced on 29 November 2007 and the Statement of Claim which was prepared was obviously prepared with meticulous and comprehensive thoroughness. It covers approximately 100 pages. I do not need to set out the substance of the claim.
The plaintiff was initially represented by Messrs Atanaskovic Hartnell, solicitors, but on 5 November 2008, the plaintiff withdrew instructions from that firm and instructed Messrs Piper Alderman. There was some delay in Piper Alderman obtaining the plaintiff’s file from the former solicitors and the file was not obtained until 5 January 2009. Nothing which I am about to say should suggest that there is any…
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- AGLC
- Chameleon Mining NL v Murchison Metals Ltd [2009] FCA 137
- Case
- [2009] FCA 137
- Decision Date
CaseChat Overview and Summary
The court considered the legal principles governing the introduction of further evidence in the context of civil litigation. It evaluated whether there were exceptional circumstances justifying the plaintiff’s request to present additional evidence, and whether allowing such evidence would result in an unfair advantage to the plaintiff or prejudice to the defendant. The court weighed the importance of fairness and efficiency in the judicial process against the potential merits of the plaintiff’s case.
Justice Edelman determined that there were no exceptional circumstances warranting the admission of additional evidence. The court found that the plaintiff had ample opportunity to present all relevant evidence during the initial stages of the proceedings. Furthermore, the court concluded that permitting the introduction of further evidence would unduly delay the proceedings and potentially prejudice the defendant. Consequently, the application to adduce further evidence was dismissed. Additionally, the plaintiff was ordered to pay the costs associated with the application.
Orders
Orders of the court
1. The application to adduce further evidence is dismissed.
2. The plaintiff pay the costs of today’s application.
Note:
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: JACOBSON J
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