Federal Court of Australia
Ad
CATCHWORODS
PRACTICE - amendment - Supreme Court action - Court - former discontinued by consent
later suit in Federal - no time point then
taken - attempt to plead limitation at trial after considerable
delay - exercise of discretion.
Trade Practices Act, 1974 s.82(2)
Pamela Carlotta Byers and Hugh Kirkpatrick Byers & Ors.
v. Dorotea Pty. Ltd. QLD G151 of 1984
PINCUS J. BRISBANE 8 October 1986
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pak
= 3 NOV 1986
FEDERAL COURT OF AUSTRALIA
PRINCIPAL @ERISTRY
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G151 of 1984 GENERAL DIVISION ) BETWEEN: PAMELA CARLOTTA BYERS AND HUGH KIRKPATRICK BYERS First Applicants AND: CHERYL ANN BYERS
Second Applicant AND: BYERS HOLDINGS PTY. LTD.
Third Applicant AND: DOROTEA PTY. LTD.
Respondent AND: DOROTEA PTY. LTD.
Cross-Claimant
AND: PAMELA CARLOTTA BYERS AND HUGH KIRKPATRICK BYERS
First Cross-Respondent
AND: CHERYL ANN BYERS Second Cross-Respondent
AND: BYERS HOLDINGS PTY. LTD.
Third Cross-Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 8 October 1986 WHERE MADE: Brisbane
THE COURT ORDERS THAT:
The application for leave to amend the defence and counter-claim be dismissed.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G151 of 1984 GENERAL DIVISION )
BETWEEN: PAMELA CARLOTTA BYERS AND HUGH KIRKPATRICK BYERS
First Applicants AND: CHERYL ANN BYERS
Second Applicant AND: BYERS HOLDINGS PTY. LTD.
Third Applicant AND: DOROTEA PTY. LTD.
Respondent
AND: DOROTEA PTY. LTD, Cross-Claimant
AND: PAMELA CARLOTTA BYERS AND HUGH KIRKPATRICK BYERS
First Cross-Respondent
AND: CHERYL ANN BYERS Second Cross-Respondent
AND: BYERS HOLDINGS PTY. LTD.
Third Cross-Respondent
PINCUS J. 8 OCTOBER 1986
EX TEMPORE REASONS FOR JUDGMENT
This is an application to amend a defence and counter-claim in proceedings in respect of purchases of home units. The first litigation relating to the matters took place in
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