Federal Court of Australia
ae
Po.Practice and Procedure - application to amend name of second applicant - application brought outside limitation period - scope of power to amend under Federai Court Rules - second applicant incorrectly named in application - whether a mis-description - test to be applied - relevance of respondents' knowledde of
mis-description
Trade Practices Act 1974 s$.82(2) Federal Court Rules 0.13 r.2, 0.6 r.8
METROPOLITAN OILS (PROPRIETARY) LIMITED and LEADER OILS PIY. LTD. and FORTE LUBRICANTS PTY. LTD. v. CLIVE ROBIN BERINGER and FORTRON INDUSTRIAL LUBRICANTS PTY. LID., FORTRON AUTOMOTIVE TREATMENTS PIY. LTD., FORTRON AUTOMOTIVE WARRANTIES PTY. LTD.
No. WA G2 of 1982
TOOHEY J. DARWIN 8 APRIL 1986
Syd Reg
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
No. WA G2 of 1982
wee
BETWEEN: METROPOLITAN OILS (PROPRIETARY) LIMITED First Applicant
and
LEADER OILS PTY. LTD.
Second Applicant
and
FORTE LUBRICANTS PTY. LTD.
Third Applicant and
CLIVE ROBIN BERINGER
First Respondent and
FORTRON INDUSTRIAL LUBRICANTS PTY. LTD., FORTRON AUTOMOTIVE TREATMENTS PTY. LTD., FORTRON AUTOMOTIVE WARRANTIES PTY. LTD.
Second Respondents
MINUTE OF ORDER
ler
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JUDGE MAKING ORDER: TOOHEY J. DATE OF ORDER: 8 April 1986
WHERE MADE: Darwin
as To. we
Bd
THE COURT ORDERS THAT:
l. The name of the second applicant be amended to Leader Oils
(W.A.) Pty. Ltd.
2. The applicants pay the respondents' costs of the motion to amend the name of the second applicant and pay any costs
thrown away by the respondents by reason of the amendment.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
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