Cappucio, Andrew v Chrysler Australia (Sales) Pty Ltd & Anor [1980] FCA 80

Application to Judge sitting in Chambers for a certificate 'for attendance by counsel - certificate

granted

Andrew Cappucio and Chrysler Australia (Sales) Pty. Ltd.

and Another

No.27 of 1977

Davies, J.

4 June 1980

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No.27 of 1977

DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN

ANDREW CAPPUCIO

Plaintiff AND

CHRYSLER AUSTRALIA (SALES) PTY. LIMITED and ANOTHER

Defendants

Coram : DAVIES, J.

4 June 1980.

REASONS FOR JUDGMENT

On 11 September 1978, I sat in chambers on an application made by summons dated 1 September 1978. By its summons, the plaintiff sought leave to amend his statement of claim to allege certain false representations and contraventions of paragraph 53(a) of

the Trade Practices Act 1974 and sought orders shortening the

time for pleading and for interrogation. On the application,

Mr. Giles appeared for the plaintiff, Mr. J.J.A. Kelly, of Queen's counsel, and Mr. B.J. Salmon, of counsel, appeared for the first-named defendant and Mr. G.A. Stretton appeared for the second-named defendant. After argument, I ordered that the plaintiff have leave to amend his statement of claim generally within fourteen days, I made orders with respect to other matters of an interlocutory nature, I directed that the date fixed for the hearing of the action be vacated and I ordered that the

plaintiff pay the costs of the application and the costs thrown

away by the amendment to his statement of claim.

At the hearing of that application, no request was made that I certify that the application was one proper for the attendance of counsel and, accordingly, the order subsequently drawn up and entered on 5 October 1978 did not contain any such certificate. However, as this action was commenced on 29 December 1977, the Rules of the High Court applied in so far as they were capable of application and subject to any direction of the Court or a Judge.