Federal Court of Australia
16 /
CATCHWORDS Practice and procedure - application for proceedings to be dismissed - joinder of parties - application for
amended statement of claim and amended application to be struck out.
0.6 r.9, 0.11 r.16, 0.20 r.2 Rules of Court
JET CORPORATION OF AUSTRALIA PTY. LTD. (in its capacity as Trustee of the JET CORPORATION OF AUSTRALIA TRUST) v. PETRES PTY. LIMITED (in its own right and in its
capacity as Trustee of The Schutt Unit Trust) and OTHERS
V. No. G.109 of 1983
Northrop J. 8 February 1985
Melbourne
October 1984 the Court, as presently constituted,
ordered that Andrew Grimwade and Kelvin John Dyer be
added as respondents to the application and that Jet
Corporation have leave to amend its application and
statement of claim and that the directions hearing be
adjourned to 9 November 1984. The application and
Statement of claim as so amended are hereinafter called
"the amended application" and "the amended statement of
claim"
respectively.
By notice dated 5 November 1984, Grimwade gave
notice that at the directions hearing he would move the
Court for orders including the following three, namely:
That the proceedings against him be dismissed, or alternatively that he cease to be a party to the
proceedings; see 0.6 r.9 of the Rules of Court.
That the amended application, or alternatively Paragraphs 1, 3 and 6 thereof, insofar as it or they sought relief against him, be dismissed or struck out; see 0.11 r.16 and 0.20 r.2 of the
Rules of Court.
That the amended statement of claim, or alternatively paragraphs 17, 18, 19, 20, 40, 41, 42, 43, 44, 45 and 46 thereof, insofar as 1t or they related to him, be struck out; see 0.11 r.16
and 0.20 r.2 of the Rules of Court.
By its amended application Jet Corporation is seeking, inter alia, a deciaration that specified conduct by five natural persons, imcluding Grimwade, constituted conduct by each of them, in trade or commerce, which was misleading or deceptive, or likely to mislead or deceive contrary to 5.52 of the Act, a declaration that each of those Matural persons,
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