Rainbow Custom Products Inc. v B. Lawlor Automotive Pty Ltd [1986] FCA 126

NEW SOUTH WALES DISTRICT REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

CORAM:

DATE

PLACE:

WILCOX J.

NOT FOR DISTRIBUTION

BETWEEN

No. G.105 of 1985

RAINBOW CUSTOM PRODUCTS INCORPORATED

Applicant

BRIAN LAWLOR AUTOMOTIVE PTY LIMITED

Respondent

BRIAN LAWLOR AUTOMOTIVE PLY LIMITED

Cross Claimant

RAINBOW CUSTOM PRODUCTS

27 MARCH 1986

SYDNEY

INCORPORATED

Cross Respondent

MINUTE OF ORDERS

a

THE COURT ORDERS THAT:

1. The respondent to file and serve any further amended

' Cross claim on or before Tuesday 8 April 1986.

2. The respondent in the principal proceeding pay the

applicant's costs of the motion.

NOTE Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

' | r

wecoore

So tate

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

CORAM

DATE:

PLACE

\

\ -

sy pregr eee >

) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISTON )

BETWEEN

cry

WILCOX J. 27 MARCH 1986 SYDNEY

No. G.105 of 1985

RAINBOW CUSTOM PRODUCTS

INCORPORATED

Applicant

BRIAN LAWLOR AUTOMOTIVE Pry LIMITED

Respondent

BRIAN LAWLOR AUTOMOTIVE

PTY LIMITED Cross Claimant

RAINBOW CUSTOM PRODUCTS INCORPORATED

Cross Respondent

EXTEMPORE REASONS FOR JUDGMENT

eee ee nee: ceiene re oe mer

' i ee

aay

TP par wy,

a

op ep ree

This matter was last before me on 7 March when I

acceded to an application made by the applicant to strike out the cross claim as pleaded in the Defence and Cross claim filed on 15 August 1985. By the Cross claim as it then stood the cross claimant, the respondent in the principal proceeding, sought to recover damages in respect of two matters arising under contracts alleged to have been made between the parties in 1983 and 1984 respectively. I was of the view that those claims did not arise out of a common substratum of facts with the claim made in the principal proceeding and which is within the ordinary jurisdiction of