The Bell Group Ltd v Westpac Banking Corp

[1996] FCA 191

CATCHWORDS

PROCEDURE - amendment of application - limitation period due to expire - application not served

Rules of the Federal Court of Australia, O13 r2

THE BELL GROUP LIMITED v WESTPAC BANKING CORPORATION and ORS
NO WAG 3067 OF 1995

JUSTICE R D NICHOLSON
PERTH
5 JANUARY 1996

IN THE FEDERAL COURT OF AUSTRALIA   )   LIMITED DISTRIBUTION

WESTERN AUSTRALIA DISTRICT REGISTRY )

GENERAL DIVISION                   )    NO WAG 3067 OF 1995

B E T W E E N:                   THE BELL GROUP LIMITED

Applicant

and

WESTPAC BANKING CORPORATION and ORS

Respondent

CORAM:JUSTICE R D NICHOLSON

DATE:5 JANUARY 1996

PLACE:PERTH

REASONS FOR JUDGMENT

Application is made to amend an application which was filed on 18 December 1995.  The amendments proposed are in accordance with the minute of amended application which is before the Court.  The application has not been served.  The authority for the application resides in O13 r2 of the Rules of the Federal Court of Australia ("FCR").

The reason the application is brought as an urgent matter is that a certain limitation period expires on 7 January 1996 and were that limitation period to apply, it would be arguable that certain claims for equitable relief might be defeated.  The effect of the amendments would be to claim compound interest in equity which would consequently have a significant effect upon the amount claimed.

The law applicable to the application of the order is set out in the CCH Australian High Court and Federal Court Practice Vol2 with reference to the abovementioned rule.  I am satisfied that the applicants wish to re-formulate their application so that it would better ventilate the issues between the parties.  In addition, inasmuch as no application has yet been served there is no detectible prejudice to the

named respondents in an amendment occurring before service has been effected.

For these reasons I grant leave for the amendment as in the motion as amended during hearing.

I certify that this and the preceding page are a true copy of the Reasons for Judgment of his Honour Justice R D Nicholson.

Associate:

Date:

APPEARANCES

Counsel for the Applicant:       Mr G H Murphy

Solicitors for the Applicant:      Blake Dawson Waldron

Date of Hearing:                 5 January 1996

Date of Judgment:                5 January 1996