Federal Court of Australia
2 eee Beene eee - -—-
LIMITED DISTRIBUTION
CATCHWORDS
PRACTICE AND PROCEDURE - Application to strike out Statement of Claim ~ Whether Statement of Claim pleads a cause of action known
to the law - Costs - Undertaking by solicitors to indemnify
client against order for costs.
Petroleum Retail Marketing Franchise Act 1980 Trade Practices Act 1974 s.47(2)(e)
NSW G.333 of 1985 DOUGLAS RONALD BENNETT & ANOR v_ BP (AUSTRALIA) LIMITED
Wilcox J Sydney 28 February 1986
ewe ee te De eee ee ee ce ee ye ord
LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. G.333 of 1985
BETWEEN : DOUGLAS RONALD BENNETT First Applicant JUDITH ANN BENNETT Second Applicant
AND: BP (AUSTRALIA) LIMITED Respondent
CORAM: WILCOX J. DATE: 28 FEBRUARY 1986 PLACE: SYDNEY
MINUTE OF ORDERS
THE COURT ORDERS THAT:
1. The Statement of Claim be struck out.
ate nA er nn tote * - ~t
Leave be granted to the applicants to file and serve within twenty-one (21) days of today a further amended Statement of Claim and, if so advised, an
amended Application.
The applicants pay to the respondent its costs of the
motion.
AND THE COURT NOTES :
NOTE:
The undertaking given to the Court by the solicitor for the applicants, Mr Warren Wells, that he will
personally indemnify his clients against the cost of
complying with this order.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.333 of 1985
w~evenww
GENERAL DIVISION
BETWEEN: DOUGLAS RONALD BENNETT First Applicant JUDITH ANN BENNETT.
Second Applicant
:
B_P (AUSTRALIA) LIMITED
Respondent
CORAM: WILCOX J. DATE: 28 FEBRUARY 1986 PLACE: SYDNEY
EXTEMPORE REASONS FOR JUDGMENT
This is an application made by the respondent in the principal proceeding, BP (Australia) Pty Limited, for an order that the Statement of Claim filed herein be struck out; that, in the alternative, certain paragraphs be struck out; and that, in the further alternative, the proceedings he stayed
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