Federal Court of Australia
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NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.347 of 1985
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GENERAL DIVISION
BETWEEN:
J.F. & B.E. PALMER PTY. LIMITED
Applicant AND: BLOWERS AND LOWE PTY. LIMITED First Respondent AND:
COROBIMILLA PTY. LIMITED
Second Respondent
EX-TEMPORE REASONS FOR JUDGMENT
BURCHETT J.
Application has been made to amend the defence to raise
s.85(1) of the Trade Practices Act 1974 as a defence in this
proceeding. The application has been made after two witnesses, whose evidence in varying ways may have been relevant to such a defence, have been excused to return to Queensland. The
application is opposed.
2.
"would be inconsistent with the passage in the joint majority
judgment of the High Court un Yorke v. Lucas (1985) 61 A.L.R.
307 at 309. In any event, 1t seems to me that 1t would be
prejudicial to permit the amendment at this late stage.
For both those reasons, I reject the application to
amend the defence.
I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment herein of his Honour Mr. Justice Burchett.
Cheon Oe Associate
Dated: 10 December, 1986.
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