Hendi v Commonwealth of Australia; Ghasemi v Commonwealth of Australia

In the Federal Court of Australia, Hendi and Ghasemi brought proceedings against the Commonwealth of Australia seeking damages for negligence. The plaintiffs alleged that the defendants failed to provide adequate education and recreational facilities to the plaintiffs while they were detained in immigration centres, leading to psychological harm. The court was required to determine whether the plaintiffs were granted leave to amend their pleadings to include particulars of the duty of care owed to the child plaintiffs, aligning them with the particulars of the breach alleged. This was to be done in accordance with the directions of the Court.

The legal issues before the Court were primarily whether the plaintiffs' proposed amendments to their pleadings were permissible and whether they could be granted leave to amend their pleadings. The Court needed to consider the implications of the amendments on the case's progression and the plaintiffs' ability to establish a causal connection between the alleged deficiencies and the harm suffered. The Court also had to consider the importance of adhering to the directions and avoiding further delays in the proceedings.

The Court found that the plaintiffs had serially defaulted in complying with the directions of the Court, which was a significant factor in their decision. Additionally, the expert evidence provided by the plaintiffs did not support any causal connection between the alleged deficiencies and the psychological harm suffered by the child plaintiffs. The Court held that there was no utility in allowing further particulars which would enlarge the case to extend to educational and recreational services and facilities. The Court emphasised the importance of avoiding further delay in bringing the matter to a hearing.

In light of the above, the Court dismissed the plaintiffs' application for leave to amend their pleadings. The Court made no order as to costs.