L. Grollo & Co Pty Ltd v Permacon Floors Pty Ltd & Ors [1977] FCA 24

back (e] 244. {1477

IN THE FEDERAL COURT )

) No, VG 29 of 1977 OF AUSTRALIA ) BETWEEN: L. GROLLO & CO. PTY, LTD. Plaintiff and - © PERMACON FLOORS PTY. LTD. RAYMOND WILLIAM PLANT SHIRLEY MARGARET PLANT R.W. PLANT PTY. LTD. GIOVANNI ATTISTA SCANU and Defendants

ANDREW LAWSON

ORDER JUDGE MAKING ORDER: Northrop J. in Chambers DATE OF ORDER: 18th May 1977 oO WHERE MADE: Melbourne

@ IT IS ORDERED THAT:

1. The statement of claim endorsed on the writ be struck out and that the plaintiff's action be dismissed with costs to be taxed.

2. That the summons dated Sth May, 1977 taken out by the Plaintiff be dismissed with costs to be taxed.

3. That the matters were proper for the attendance of Counsel in Chambers.

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IN THE FEDERAL COURT )

) No. VG 29 of 1977 OF AUSTRALIA ) BETWEEN: L. GROLLO & CO. PTY. LTD, Plaintiff and

PERMACON FLOORS PTY. LTD. RAYMOND WILLIAM

PLANT SHIRLEY MARGARET PLANT R.W. PLANT

PTY. LTD. GIOVANNI ATTISTA SCANU and Defendants ANDREW LAWSON

JUDGMENT NORTHROP J. IN CHAMBERS 18TH MAY 1977

On 29th July, 1976, the plaintiff (hereinafter called "Grollo") commenced proceedings by writ of summons against the defendants in the Australian Industrial Court. Pursuant to

Section 3, Federal Court of Australia (Consequential Provisions)

Act 1976, the proceedings were transferred to the Federal Court of Australia on lst February, 1977. The proceedings are to be conducted in accordance with the Rules of the High Court; s.38, Federal Court of Australia Act 1976, Order 2 r.1, Federal Court

of Australia Rules and Regs. 78L and 78P of the Conciliation and

Arbitration Regulations.

This is the return of a summons taken out by the first four defendants seeking orders that paragraphs 15 to 41 inclusive of the statement of claim endorsed on the writ be struck out on the grounds that the same are unnecessary or scandalous or tend to prejudice, embarrass, or delay the fair trial of the action or alternatively, on the grounds that the same do not disclose a reasonable cause of action, and further or in the alternative, that all further proceedings in the action be stayed. Heard concurrently wath that summons was an application on summons by Grollo that 1t have leave to join the Master Builders Association of Victoria (hereinafter called the "M.B.4.V.") and the Australian Institute of Building (hereinafter called the "A.I.B.") as defendants to the writ and to amend the statement of claim endorsed on the writ by substituting therefor a new statement of claim. At the hearing, Mr. Heerey of Counsel appeared for the first four defendants and Mr. Hercules, Solicitor, appeared for Grollo.