Federal Court of Australia
NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V. No. G 109 of 1982
GENERAL DIVISION
BETWEEN :
JOHN LATORRE and VINCENT LATORRE Applicants
and
CALDWELL & PITHER PTY. LTD.,
HENDERSON SEED CO. PTY. LTD.,
JACK ARCHIBALD JAMES PITHER,
IVO KEITH CALDWELL,
BARBARA JOAN PITHER,
PETER RICHARD MOUNTJOY and
HENDERSON SEED PRODUCTS PTY. LTD.
(trading as HENDERSON'S SEED
PRODUCTS PTY. LTD.) Respondents COURT: NORTHROP J. DATE: 11 SEPTEMBER 1986
Q tC Red oO ry
MELBOURNE
EX TEMPORE REASONS FOR JUDGMENT
There is before the Court a motion on behalf of the applicants for orders that the applicants have leave to amend the Statement of Claim in the terms of the accompanying proposed amended Statement of Claim, and an order that the applicants have leave to amend the application in the terms
of the accompanying proposed amended application.
29 SEP 1986
FEDERAL GOURT OF AUSTRALIA
PRINCIPAL REGISTRY
The history of these proceedings shows a sad lack of any sense of urgency. The application was issued in August 1982; a number of steps were taken and there was a re-amended Statement of Claim filed on the 12th day of May 1983. There were certain other steps taken by September 1983, but then nothing happened until about the middle of
this year.
The motion before the Court, notice of which was given on the lst day of August 1986, is ina form which on the face of it is to substitute an amended Statement of Claim for the existing re-amended Statement of Claim. It is not directed to what may be said to be defects in the existing re-amended Statement of Claim, which in any event remains in existence. The proposed amended Statement of Claim is in a form which can only be described as rambling and embarrassing. On the face of it, it appears to be directed to a claim for damages arising out of a breach of contract entered into between the applicants and one group of the respondents during the period August to October 1981, and claims for damages arising out of that breach of contract,
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