Bate, Ernest William v International Computers (Australia) Pty ltd [1984] FCA 233

NOTE:-— NOT APPROPRIATE FOR REPORTING OR FOR GENERAL CIRCULATION.

(AEW)

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY ) VG No. 53 of 1978 wae an eee } GENERAL DIVISTON )

BETWEEN:

ERNEST WILLIAM BATE Applicant

and INTERNATIONAL COMPUTERS (AUSTRALLA) PYY. LIMITED Respondent

JUDGE: Woodward J.

DATE: 7 August 1984

EX-THMPORE JUDGMENT

This 1s an appjication for leave to appeal, pursuant to

s.24(1A) of the Federal Court of Australia Act 1576, ayainst an

order that I made on 3 August 1984, giving leave to amend the statement of claim herein to add certain cliaitms to those previously made. In my view, as T have indicated in my reasons for that judgment, the applicatzion to amend does raise diffrcult and novel questions relating to the application of statutes of limitations to matters under the Trade Practices Act where the accrued jurisdiction of the court is alse invoked. T think for

that reason the case has been made out for leave to appeal to be

a Shee

granted, particularly because the decision to be appealed againsi 1s definitive of a substantive issue between the parties. fven though it is interlocutory in nature, it 1s not one of the classes of interlocutory matters which 1s peripheral to the proceedings,

but does go to a central issue in the proceedings.

For those reasons, I think it is appropriate that leave to appeal should be given. The next sitting of the Full Court in this state are due to commence on 13 November, so the matter will be listed in the call-over before those sittings, and 1 would expect it will be dealt with in those sittings. I think I should reserve the costs of this application, to be dealt with by the

Full Court.

I hereby certify that this and

the preceding page are a true -

and accurate copy of the .

Reasons for Judgment herein of

The Hon. Mr. Justice Woodward ——