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Hopkins v AECOM Australia Pty Ltd (No 7) [2016] FCA 234

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PRACTICE AND PROCEDURE - application to amend defence and cross-claims - where respondent seeks to rely upon inconsistent factual allegations in the alternative - where leave to amend opposed on basis that alternative cases are based on two sets of inconsistent facts - whether a party may plead inconsistent allegations of fact in the alternative -whether alternative case as pleaded and particularised is tenable - application for leave to amend disallowed in part

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