Verge v Devere Holdings Pty Ltd (No 2)

The case of Verge v Devere Holdings Pty Ltd (No 2) was heard in the Federal Court of Australia, where the dispute centred around the amendment of a defence by the third respondent, Devere Holdings Pty Ltd. The applicants sought to challenge the late amendment and the subsequent adjournment of the trial. The court had to determine whether the third respondent should be granted leave to amend its defence, and if so, whether the proposed amendment could stand as the new defence without requiring service on the other parties.

The legal issues before the court included whether the third respondent's delay in amending its defence was justified and whether the amendment was substantive enough to warrant a change in the trial dates. The applicants argued that the delay was unreasonable and that the amendment did not significantly alter the case, hence the trial should proceed as scheduled. The court had to balance the need for procedural fairness against the potential prejudice caused to the applicants by the late amendment.

The court found that the third respondent's delay in filing its amended defence was unreasonable, but it also recognised that the amendment contained new material that could impact the proceedings. The court decided to allow the amendment on the condition that the third respondent bear the costs associated with the delay and the resulting adjournment. Additionally, the court set new trial dates to accommodate the amended defence and ordered the third respondent to issue notices under section 78B of the Judiciary Act 1903 (Cth). The court emphasised that the third respondent must pay all costs incurred due to the late amendment and the adjournment of the trial.

In conclusion, the court granted the third respondent leave to amend its defence, accepted the proposed amendment, and set new trial dates. The third respondent was also ordered to bear all costs associated with the late amendment and the trial adjournment.