Federal Court of Australia
PRACTICE AND PROCEDURE - application entered for trial - motion by second and third respondents for leave to file cross claim against first respondent and another party ~ to set aside entry for trial - no third party notice or statement of claim in support - Leave previously given not acted on - desirability of resolving all disputes together - s.22 Federal Court Act ~ need for expedition in instituting third party proceedings - 0.5 Federal Court Rules ~ interlocutory steps almost complete - inconvenience to applicant
outweighing inconvenience to respondent - motion dismissed.
Trade Practices Act 1974 ss.52, 53 Federal Court Act 1976 s.22 Federal Court Rules 0.5 r.9
Wosley v Frost (1974) 7 SASR 506
THE BELL GROUP LIMITED, BELL BROTHERS PTY LTD, BELL BASIC
INDUSTRIES LID, BELL TYRES PTY LTD and BELL FREIGHTLINES PTY LTD v FACOM AUSTRALIA LTD, POLICY NOMINEES PTY LTD trading as ACCESS
COMPUTER CONSULTANTS, ANTHONY ERRINGTON and MARTIN A. THOMAS FACOM AUSTRALIA LIMITED v THE BELL GROUP LIMITED, BELL BROTHERS
PTY LTD, BELL BASIC INDUSTRIES LTD, BELL TYRES PTY LTD and BELL
FREIGHTLINES PTY LTD NO. WAG 9 of 1985
FRENCH J. PERTH 11 FEBRUARY 1987
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
JUDGE MAKING ORDER: DATE OF ORDER:
WHERE MADE:
wee
NO. WAG 9 of 1985
THE BELL GROUP LIMITED BELL BROTHERS PTY LID, BELL BASIC INDUSTRIES LTD, BELL TYRES PTY LTD and BELL FREIGHTLINES PTY LTD
Applicants AND FACOM AUSTRALIA LIMITED First Respondent POLICY NOMINEES PTY LTD trading as ACCESS COMPUTER CONSULTANTS
Second Respondent
ANTHONY ERRINGTON and MARTIN A. THOMAS
Third Respondents and FACOM AUSTRALIA LIMITED Cross Claimant and THE BELL GROUP LIMITED, BELL BROTHERS PTY LTD BELL BASIC INDUSTRIES LTD BELL TYRES PTY LTD and BELL FREIGHTLINES PTY LTD
Cross Respondents
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