Lyons, Denis Aloysius & Anor v Kern Konstructions (Townsville) Pty Ltd & Anor [1983] FCA 42

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CATCHWORDS

TRADE PRACTICES - applicants claim to have avoided or varied an Agreement for Lease, a Lease and a Bill of Sale together with damages for alleged breaches by the Respondents of ss. 52 and 53A of

the Trade Practices Act 1974 - promises as to the

future and predictions.

PRACTICE AND PROCEDURE - interlocutory application to dismiss, stay or strike out portions of the

applicants' statement of claim - amended statement of claim ~ pleading state of mind of respondents -

discovery - particulars - Federal Court Rules 0.12,

rules 1,2,3,5 - principles to recognize when particulars are requested - summary intervention to deny applicants the trial of issues - allegations against second respondent

embarrassing.

TRADE PRACTICES ACT, SS. 52 and 53A

FEDERAL COURT RULES, 0.12, rules 1,2,3 and 5

DENIS ALOYSIUS LYONS and LEONIE KAY LYONS v.

KERN KONSTRUCTIONS (TOWNSVILLE) PTY LTD (First Respondent) and PROPERTY UNIT NOMINEES (NO. 2) PTY LTD (Second Respondent)

Qld G105/1982

FITZGERALD J.

BRISBANE

7-MARCH 1982

IN THE FEDERAL COURT OF AUSTRALIA } QUEENSLAND DISTRICT REGISTRY ) Qld G105/1982 GENERAL DIVISION )

BETWEEN:

DENNIS ALOYSIUS LYONS and LEONIE KAY LYONS

Applicants AND: KERN KONSTRUCTIONS (TOWNSVILLE) PTY LTD First Respondent AND: PROPERTY UNIT NOMINEES (NO. 2) PTY LTD Second Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 7 MARCH 1983 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The applicants' Statement of Claim filed on 15 October 1982, be struck out.

2. The applicants be refused leave to amend their Statement of Claim in accordance with the proposed Amended Statement of Claim handed up on 24 February 1983.

3. The applicants be at liberty to bring on an Application for leave to deliver an Amended Statement of Claim at 9 am on Friday 25 March 1983.

4. The respondents' motion filed herein on