Hydrofibre Pty Ltd v Australian Prime Fibre Pty Ltd (No 2)

Hydrofibre Pty Ltd was involved in a dispute with Australian Prime Fibre Pty Ltd, which was heard in the Supreme Court of Queensland. The initial judgment was given against Hydrofibre, who subsequently sought to amend its claim and statement of claim, set aside the judgment, and present a new case. Hydrofibre also sought an extension of time to set aside the judgment, however, it provided no explanation for its delay in applying to set aside the judgment or for raising its new case during the trial. The court had to determine whether Hydrofibre's new case could be fairly determined on the evidence presented at the trial, and whether the evidence was relevant to the issues according to the pleadings or to unpleaded issues. Additionally, the court had to consider whether allowing Hydrofibre's new case would risk injustice to Australian Prime Fibre by depriving it of the opportunity to conduct its case differently and adduce further evidence.

The court found that the evidence presented at the trial was not relevant to Hydrofibre's new case and that allowing the new case would risk injustice to Australian Prime Fibre. The court held that Hydrofibre's new case could not be fairly determined on the evidence presented at the trial, and that there was no common assumption as to the duration of the contract. The court also found that Hydrofibre's failure to provide an explanation for its delay in applying to set aside the judgment or for raising its new case during the trial was a significant factor in its decision. Furthermore, the court held that the defendants' arguments gave rise to a basis for awarding costs on the indemnity basis.

In its orders, the court refused Hydrofibre's application and ordered it to pay the defendants' costs of the proceedings, to be assessed on the standard basis, save for the costs of the application filed 9 July 2013.