Peirce, J.E. & Anor v. K G Motors Pty Ltd [1985] FCA 171

7 | JUDGMENT No. 1. /. CATCHRORDS

ote suena,

Practice and Procedure - Trsde Practices - application to strike out

statement of claim - whether statement of claim disclosed a cause of action - applicants' failure to prosecute the claim with due diligence

- whether Federal Court appropriate forum. '

Trade Practices Act, 1974: ss. 52

JOHN ELDON PEIRCE and CAROL MAXINE PEIRCE v. K.G. MOTOPS PTY. LIMITED

G.4 OF 1°85

LOCKHART J. SYDNEY

& MARCH 1985

IN THE FEDEP2L COUPT OF _AUSTPALTA

NEW SOUTH WALES DISTRICT PEGISTRY

NO. G4 OF 1985

GENERAL DIVISTOAN ) } ) BETWEEN : JOHN ELDON PEIRCE and

CAPOL MAXTINE PEIRCE

Applicants AND: K.G. MOTORS PTY. LIMITED

Respondent

JUDGE MAKING ORDERS: LOCKHART J.

WHERE MADE: SYDNEY

DATE OF ORDER: 8 March 1985

MINUTE OF ORDER

THE COURT ORDERS THAT:

fa)

The statement of claim filed in proceedings G4 of 9185 on 15 January 1985 he struck out.

John Elden Peirce and Carol Maxine Peirce pay the costs of K.G. Motors Pty. Limited of the notice of motion filed en 7 March 19285.

We further steno in this proceeding be taken by Ushn Eldon Peirce or Carol Maxine Peirce until the casts of this matter which the Ccurt has previously ordered them to pay and the

costs of the notice of motion filed on 7 March 1985 have been

paid. Note: Settlement and entry of orders is aealt with in Trder 26 cf che Federal Court "ules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTPY

GENERAL DIVISTON

BETWEEN : JOHN ELDON PETRCE and CAPOL MAXSINE PEIRCE Applicants