. are NOT FOR DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. G.347 of 1985 ww wv 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.