Federal Court of Australia
PN SEA, af REGISsEy Ry,
"~~ ON
Practicé.and-Procedure - A.C.T. Supreme Court - writ -
indorsement - leave given to enter summary judgment for monies owing pursuant to building contract - whether writ 'specially indorsed or accompanied by statement of claim' - good defence demonstrated on the merits - claim for damages for defective
performance constitutes defence to action for money due.
A.C.T. Supreme Court Rules 0.3 r.3; 0.4 r.5; 0.15 r.1, r.2;
0.24 r.l.
LOUIS JOSEPH ARGENTO and MARIA DOLORIS ARGENTO Appellants
- and -
COQBA DEVELOPMENTS PTY. LIMITED. Respondent
ACT G 99 of 1985
Fisher, Gallop and Neaves Jd.
Canberra
17 February 1987.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
GENERAL DIVISTON
MINUTES
No.
) ) ) ) ) A.C.T. G99 of 1985 )
)
ON __APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:
LOUIS JOSEPH ARGENTO and MARIA DOLORIS ARGENTO
Appellants - and - COOBA DEVELOPMENTS PTY. LIMITED. Respondent OF ORDER
JUDGES MAKING ORDER
WHERE MADE :
DATE OF ORDER
THE COURT ORDERS THAT:
The appeal be allowed.
Territory made on 15 November 1985 be set
summons dismissed, and the proceedings
August 1985.
of the respondent dated 23 the appellants be given
commenced by writ of summons
FISHER, GALLOP & NEAVES JJ. CANBERRA
17 FEBRUARY 1987
The order of the Supreme Court of the Australian Capital
aside, the
October 1985 be
leave to defend
issued l
2. 3. The matter be remitted to the Supreme Court of the
Australian Capital Territory for such further directions
for trial as may be necessary.
4. The respondent pay the costs of the appellants of the
application for summary judgment and of this appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. A.C.T. G99 of 1985
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