Bath House Supplies Pty Ltd & Ors v The Bath House Pty Ltd & Anor [1983] FCA 192

CATCHWORDS

Practice and Procedure - Defence under the Trade Practices Act

claimed to debt recovery action - Applicant's notice of motion to restrain respondent from contemporaneous debt action in Local

Court of Adelaide - Respondent's notice of motion to strike out statement of claim as not furnishing requisite particulars of

claim.

Trade Practices Act 1974, 5.52

THE BATH HOUSE SUPPLIES PTY. LIMITED & ORS. V. THE BATH HOUSE PTY. LIMITED & ANOR.

No. G107 of 1983

Lockhart J. Sydney 27 June 1983

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IN THE FEDERAL COURT OF AUSTRALTA NEW SOUTH WALES DISTRICT RECISTRY No.G107 of 1983

GENERAL DIVISION

THE BATH HOUSE SUPPLIES PTY. LIMITED First Applacant

HAROLD RICHARD ATKINSON and MAY ATKINSON

Second Applicants AND '

THE BATH HOUSE PITY. LIMITED

First Respondent MALCOLM BRUCE POMEROY

Second Respondent

QRDER JUDGE MAKING ORDER : Lockhart J. DATE _OF_ ORDER : 27 June, 1983 WHERE MADE : Sydney

THE COURT ORDERS :

(1) That the applicants furnish to the respondents particulars of the terms and conditions of the agreement i

alleged in paras. 6., 6A. and 7B. within 10 days of

today: }

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(2)

(3)

(4)

(5)

(6)

(7)

(8)

rN)

That the respondents file and serve their amended

defences to the amended statement of claim together with

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any cross claims within 14 days after the particulars mentioned in order (1) have been furnished to the

respondents;

That the applicants file any defence to any such cross

claims within a further period of 14 days;

That the parties exchange lists of documents within 14

days after the close of pleadings:

That the parties give inspection of those documents

within a further period of 7 days;

That the parties administer any interrogatories which

they seek to administer within 14 days of inspection of

documents, such interrogatories to be answered within a