Dick Smith Electronics v Harry Chojna & Ors [1981] FCA 70

IN THE FEDERAL COURT OF AUSTRALIA )

)

NEW SOUTH WALES DISTRICT REGISTRY )

GENERAL DIVISION

BETWEEN: DICK SMITH ELECTRONICS PTY. LIMITED Applicant AND: HARRY CHOJNA First Respondent AND: PETER ALPAR Second Respondent AND: FUTURETRONICS (AUSTRALIA) PTY. LIMITED Third Respondent AND: ATARA INC. Fourth Respondent JUDGE MAKING ORDER: Deane J. DATE OF ORDER: 5 June, 1981 WHERE MADE: Sydney ORDERS 1. I order that the following be struck out of the

Statement of Claim:

) )

NO. G31 of 1981

(a)

(b)

(c)

(a)

2.

The words "a power in relation to the market in Australia within the meaning of s.46 of the

Trade Practices Act 1974" in paragraph 16;

The words "a power in relation to the said market in Australia within the meaning of s.46 of the Trade Practices Act 1974" in paragraph

19;

The words "market in Australia for the sale to retailers of electronic computer games of the same class as those manufactured by or under licence from the fourth respondent" in

paragraph 18 of the Statement of Claim;

Paragraphs 11 and 21 of the Statement of

Claim.

I order that the following particulars included in

the Statement of Claim be struck out:

(a)

(b)

Particular (a) under paragraphs 12, 13, 22 and

23 of the Statement of Claim;

Particulars 4, 5, 6, under paragraph 17 of the

Statement of Claim.

3. I give the applicant leave to amend the Statement of Claim in accordance with the reasons for judgment. Amended copy of the Statement of Claim to be filed and served

on or before 10 June, 1981.

4. I_DIRECT:

(a) That the applicant amend the Statement of Claim by adding new particulars in the place of present particular (a) under paragraphs 12,

13, 22 and 23;

(b) That saving all proper objections and exceptions the applicant on or before 24 June, 1981 furnish to the first, second and third respondents such further and better particulars of the Statement of Claim as may be requested by or on behalf of the first, second or third respondents on or before 19