International Computers (Australia) Pty Ltd v. Bate, E.W. [1985] FCA 58

t+ pageo CATCHWORDS

Practice and procedure - application to amend statement of

claim - statement of claim alleging contraventions of, inter

alia, s.52 Trade Practices Act, 1974 ("the Act") - proposed

amendments relating to, inter alia, relief sought under ss.82(1) and 87(1A) of the Act - whether new relief sought

statute-barred - operation of ss.82(2) and 87(1A).

Trade Practices Act, 1974 ss.82, 87.

Fenech v. Sterling, Full Federal Court, unreported, 29 October 1984 - con.

INTERNATIONAL COMPUTERS (AUSTRALIA) PTY. LIMITED V. ERNEST WILLIAM BATE

No. VG 237 of 1984

Northop, Davies and Beaumont, JJ. 22 February 1985. Melbourne.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTKICT REGISTRY

wee ven

GENERAL DIVISION No. VG 237 of 1984

ON APPEAL from the Federal Court constituted by a single judge

BETWEEN : INTERNATIGNAL COMPUTERS (AUSTRALIA) PTY. LIMITED

Appellant

AND: ERNEST WILLIAM BATE |

kespondent

Judges making vrder: Northrop, Davies and Beaumont. dd. Date order made: 22 February 1385.

Where made: Melbourne.

THE COURT CRDERS THAT:

1. That the appeal be allowed.

Ww

That the crders 1 and 2 made by a single judge of

IN

the Court on 3 August 1984 be set aside.

3. That the matter be remitted to the Court

constituted by a single judge to be dealt with in accordance with these reasons and in the light of the further

amendments now sought to be made to the statement of claim.

4. That there be no order for the costs of the motion

before the single judge or of this appeal.