Federal Court of Australia
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IN THE FEDERAL COURT No. VG 62 of 1977 OF AUSTRALIA
BETWEEN:
L. GROLLO DARWIN MANAGEMENT PTY. LTD. Plaintiffs and L. GROLLO & CO. PTY. LTD.
and VICTOR PLASTER PRODUCTS PTY. LTD. Defendants
and AUSTRALIAN GYPSUM LIMITED
Courts ~- Practice and procedure - Application to strike out statement of claim - stay action - grounds ~- frivolous and vexatious - vexatious and oppressive - High Court Rules 0.20 r.29, 0.26 r.18, 0.63, xr.2.
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IN THE FEDERAL COURT No. VG 62 of 1977
OF AUSTRALIA
BETWEEN:
L. GROLLO DARWIN MANAGEMENT PTY. LTD. Plaintiffs
JUDGE MAKING ORDER
DATE OF ORDER
WHERE MADE
and L. GROLLO & CO. PTY. LTD.
and
VICTOR PLASTER PRODUCTS PTY. LTD. Defendants
and AUSTRALIAN GYPSUM LIMITED
ORDER
Northrop J. (in Chambers)
. 15th November, 1977
Melbourne
THE COURT ORDERS:
1.
That the action be stayed until further order.
That the defendants' costs of this summons be taxed and paid by the plaintiffs and I certify for Counsel.
That the defendants' costs of obtaining the order made on the 4th October, 1977 be taxed and paid by the plaintiffs.
week. eee ee
ee arene me mene em le mn ne A At RE Hn TE
IN THE FEDERAL COURT No. VG 62 of 1977 OF AUSTRALIA
BETWEEN:
L. GROLLO DARWIN MANAGEMENT PTY. LTD. Plaintiffs and L. GROLLO & CO. PTY. LTD.
and
VICTOR PLASTER PRODUCTS PTY. LTD. and AUSTRALIAN GYPSUM LIMITED Defendants
NORTHROP J. REASONS FOR JUDGMENT 1977
This is the return of a summons taken out by the defendants seeking orders that the statement of claim delivered by the plaiuntiffs be struck out and that the action be dismissed or stayed. In support of the summons Dr. Griffith, who appeared for the defendants, relied upon High Court Rules 0.20, r.29, 0.26, r.18 and 0.63, r.2. Mr. Hercules, who appeared for the plaintiffs, opposed the making of the orders sought.
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