Federal Court of Australia
vr ~, \ { \ a x CATCHWORDS ' engit —~ G got ='" ' Practice and Procedure - Statement of claim amended to include
claim of relief pursuant to s5.75B Trade Practices Act with
respect to second respondent - application to strike out relevant paragraph of statement of claim - whether introduced fresh cause
of action against second respondent - whether beyond limitation
period fixed by 5.82(2) Trade Practices Act.
Trade Practices Act : 5s. 52, 53A, 75B, 82
Weldon v. Neal (1887) 19 Q.B.D. 394
Matter No. G41 of 1984
ADRIAN JAN SIEMELINK and RENEE STEMELINK-KNAPP v. ALEXANDROU ESTATES PTY. LTD. and JOHN ALEXANDROU
Forster d. Adelaide
27 August, 1985
IN THE FEDERAL COURT OF AUSTRALIA } Ve ! SOUTH AUSTRALIAN DISTRICT REGISTRY)
) No. G41 of 1384 GENERAL DIVISION )
BETWEEN:
ADRIAN JAN SIEMELINK and RENEE SIEMELINK-KNAPP
Applicants - and -
ALEXANDROU ESTATES PTY. LTD. and JOHN ALEXANDROU
Respondents - and - MINUTE OF ORDER JUDGE MAKING ORDER : FORSTER, J. WHERE MADE : ADELAIDE
DATE OF ORDER
27 AUGUST 1985
THE COURT ORDERS THAT:
1. The application be dismissed with costs.
Note: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
) SOUTH AUSTRALIAN DISTRICT REGISTRY)
) No. G4l of 1984 GENERAL DIVISION )
BETWEEN:
ADRIAN JAN STEMELINK and
RENEE STEMELINK~KNAPP Applicants
- and -
ALEXANDROU_ ESTATES PTY.
LTD. and JOHN ALEXANDROU
Respondents
PEASONS FOR JUDGMENT
CORAM: Forster J.
The second respondent (Alexandrou) has applied by notice of motion for an order that the statement of claim delivered on 18th July 1985 be struck out against him and that he be dismissed from the action. The ground of the application is that the statement of claim seeks relief aqainst Alexandrou pursuant to s.75B of the Trade Practices Act with respect to conduct alleged to have taken place between the months of November 1981 and 19th May 1982 being more than three years prior to 18th July 1985. It is arqued therefore that the claim against Alexandrou is outside the limitation period fixed by s.82(2) of the Trade
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