Caruso Australia Pty Ltd v Portec Australia Pty Ltd [1986] FCA 40

LO

Practice and Procedure - application to further amend defence consequential upon amendment of Statement of Claim - denial of issues previously admitted and not consequential to amendment to Statement of Claim - principle discussed -

amendments allowed subject to order as to costs.

Federal Court Rules Order 3 Rule 3(1) and (2) and Order 13 Rule 2

Cases referred to

Clough v. Frog (1974) 4 ALR 615 Cropper v. Smith (1884) 26 Ch D 700

Leotta v. Public Transport Commission (1976) 9 ALR 437

CARUSO AUSTRALIA PTY LIMITED v.PORTEC AUSTRALIA PTY LIMITED

and PORTEC AUSTRALIA PTY LIMITED v.CARUSO AUSTRALIA PTY LIMITED

No. WA G29 of 1983

MUIRHEAD J. PERTH

13th FEBRUARY 1986

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

CORAM: MUIRHEAD J.

No. WA G29 of 1983

wwe www

BETWEEN:

CARUSO AUSTRALIA PTY LIMITED Applicant

and

PORTEC AUSTRALIA PTY LIMITED

Respondent

and

PORTEC AUSTRALIA PTY LIMITED Cross Applicant

and

CARUSO AUSTRALIA PTY LIMITED

Cross Respondent

13th February 1986

JUDGE MAKING ORDER:

DATE OF ORDER: WHERE MADE:

MINUTE OF ORDER

MUIRHEAD J. 13th February 1986 Perth

THE COURT ORDERS THAT:

Pursuant to Order 3 Rule 3(1) and (2) I extend the time within which the applicant should file its amended Statement of Claim until 20 March 1985 (being the date it was filed).

Pursuant to the game Rule and subject to an amendment of the respondent's Notice of Motion I extend the time for the filing of the amended defence until the 18 October 1985.

Upon the respondent's Notice of Motion filed on 30 January 1986 and pursuant to Order 13 Rule 2 I order as follows:

(1) that paragraph 10 of the amended Defence be deleted and in lieu thereof the following be inserted "The respondent denies each and every of the allegations and particulars pleaded in paragraph 13 of the amended Statement of Claim".