Milner, Bryan John & Ors v Delita Pty Ltd & Ors [1984] FCA 493

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JUDGMENT NO. --sseserereeeret

I enconccsene®

IN THE FEDERAL COURT OF AUSTRALIA

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) No. G164 of 1982 NEW SOUTH WALES DISTRICT REGISTRY ) No. G 85 of 1983

)

)

GENERAL DIVISION

IN THE MATTER of the TRADE PRACTICES ACT, 1974

BETWEEN : BRYAN JOHN MILNER AND ORS. Applicants

AND: DELITA PTY. LIMITED ROGER McMILLAN GLASSON and MORRIS WALTER LEWIN

Respondents and First Cross-Claimants

AND: ROBERT CHARLES GOOCH MORRISON and

JOHN CHRISTOPHER BENNETT

25 JUN 1999

FEDERAL COURT OF First Cross-Respondents

PRINCIPAL and Second Cross-Claimants

AND: ROGER McMILLAN GLASSON and

MORRIS WALTER LEWIN

Second Cross-Respondents

10 SEPTEMBER 1984 . REASONS FOR JUDGMENT

LOCKHART J. On the third day of the hearing of this matter, Wednesday of

last week, the applicants sought leave to amend the application and

the statement of claim in certain respects. First they applied to add

as respondents Robert Charles Gooch Morrison and John Christopher

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2.

Bennett, who are presently only cross respondents and cross claimants

in a cross claim brought by them against the respondents.

I should say at this stage, in the interests of clarity. that there are two cross claims propounded in each of the matters before the court, Gl64 of 1982 and G85 of 1983, which are being heard together by consent. In -the first cross claim Delita Pty. Limited, Roger McMillan Glasson and Maurice Walton Lewin. being the respondents

to the proceedings, cross claim against Mr. Morrison and Mr.Bennett.

In the second cross claim in each matter Mr. Morrison and Mr. Bennett cross claim aqainst the respondents. Delita, Glasson and Lewin. For reasons of convenience I shall refer to the parties as follows: "the applicants", which shall encompass all the applicants in both sets of proceedings of whom there are about 50: "the respondents", which shall mean Delita Pty. Limited, Roger McMillan Glasson and Maurice Walton Lewin; and "the cross respondents", which