In this proceeding, Mr Canavan applied to remove the liquidators of ICRA Rolleston Pty Ltd on the basis that a reasonable fair-minded observer might reasonably apprehend that the liquidators might not discharge their duties with independence and impartiality. This judgment concerned an application by Mr Canavan for leave to amend his points of claim ten days before the scheduled trial of the underlying application.
Her Honour refused leave, save for certain uncontroversial amendments. In refusing leave, her Honour took into account the past conduct of Mr Canavan in seeking to have the application dealt with expeditiously; the fact that allowing the amendments would necessitate an adjournment of the trial (in circumstances where special arrangements had already been made to allow the Court to hear the matter notwithstanding that the hearing fell during the Full Court sitting period); the inadequate explanation offered by Mr Canavan for the delay in raising the matters sought to be raised by the amendments; and the underlying weakness of the claims sought to be added by the amendments.
Michael May appeared for Rolleston Coal Holdings Pty Ltd, a creditor of the company granted leave to be heard in the matter, instructed by Arnold Bloch Leibler.
The judgment is published here.