Pacific National (ACT) Limited (ACN 48 052 134 362) v Queensland Rail (ABN 47 564 947 264)

In the case of Pacific National (ACT) Limited (ACN 48 052 134 362) v Queensland Rail (ABN 47 564 947 264), the plaintiff, Pacific National (ACT) Limited, seeks to enforce a claim in conventional or promissory estoppel against Queensland Rail, arguing that it is entitled to a 30-year lease of a railway terminal at Acacia Ridge, near Brisbane. The dispute also involves claims of unconscionable conduct and abuse of market power under the Trade Practices Act. The plaintiff argues that Queensland Rail created certain assumptions during a period from 1991 until 20 March 1997, which they later resiled from. The court was required to decide on the admissibility of new evidence and whether certain aspects of the estoppel claim were valid.

The court considered the submissions made by the parties, particularly focusing on the admissibility of the affidavit of Mr Bredhauer and the relevance of the new [61(e)] evidence. The court found that the new evidence was relevant to the case and that the affidavit of Mr Bredhauer was admissible, despite the late disclosure, because it pertained to the central issues of the case. The court also noted the importance of the timing and relevance of the evidence in deciding whether it should be admitted.

The court granted leave to amend the defence to include the new [61(e)], allowed the reading of Mr Bredhauer's affidavit, and reserved costs. These orders were made to ensure that all relevant evidence was considered in the case. The court's decision was based on the importance of the evidence in understanding the central issues and the potential impact on the outcome of the case.

The final orders of the court included granting leave to amend the defence, allowing the reading of Mr Bredhauer's affidavit, and reserving costs. These orders were intended to ensure that the case could proceed with all relevant evidence being considered by the court.