Jet Corporation of Australia Pty Ltd v Petres Pty Ltd [1986] FCA 575

S71° NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) } VICTORIA DISTRICT REGISTRY ) VY. No. G 109 of 1383 ! '

GENERAL DIVISION BETWEEN:

JET CORPORATION OF AUSTRALIA FIY. LIMITED (im 165 capacity as trustee or the det Corporation of Australia Trust) Applicant

and

PETRES PTY. LIMITED (in its own capacity and in its capacity as trustee of the Schutt Unit Trust) and OTHERS Respondents

COURT: NORTHROP J. DATE: 29 OCTOBER 1386 PLACE: MELBOURNE

EX TEMPORE REASONS FOR JUDGMENT

I propose to adjourn the motion brought by Messrs. Sent and Forshaw; that the proceeding against them be

dismissed on the grounds that it discloses no reasonable

cause of action against them.

'

The reason For the adicurnment has Secome apparent:

during the course of submissions today, suf I tan summarise

ul

it, I hope, in a fairly pvrief wav. As Mr. Phipps of counsel for Messrs. Sent and Forshaw has indicated, there has been a long history of this matter and a case where a number of statements of claim, insofar as they affect Messrs. Sent and Forshaw are concerned, have been struck out and leave given

to file and deliver amended statements of claim. Likewise,

with respect to the application.

For relevant purposes, it can be noted that in February 1985, the Court made a number or orders, including tne deletion of certain paragraphs of the statement of claim made on the motion of Messrs. Sent and Forsnaw. That appears from order 1 of the order made on 75 February 1335 as well as paragraph 3. Leave to amend the statement of claim in a form which was set out inan exhibit to the affidavits of Mr. Johnson at that time was granted. Likewise, leave was given un order 4 to amend the application and certain consequential orders were made. An appeal from those orders was disallowed by the Full Court by applying an earlier decision of the Full Court in relation to the correct interpretation and application of 5.387 of the Trade Practices Act. In November 1985, the position was changed once more and on that day leave was given to the applicant to amend the statement of claim ina form set Sut as an exhibit to an affidavit of Graham Alfred Levy and, at the same time, the application was amended to include paragraphs 4B and 3 1n 1ts application to