Federal Court of Australia
NOT FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALTA
} ) VICTORIA DISTRICT REGISTRY ) V. No. G 206 of 1984 } J
GENERAL DIVISTON
ETWEEN : JOHNS & LYNG GROUP PTY. LTD. (formerly known as WHITEINCH PITY. LTD. and CLA&SiCc TIMBER PRODUCTS PI?. LTD.) Applicant
and
ELDAWOOD ENTERPRISES PTY. LTD. (formerly known as CLASSIC TIMBER PRODUCTS (AUST.) PTV. LTD.) and CHARLES CARLYLE BRYANT Respondents
COURT: NORTHROP J.
DATE: 6 APRIL 1337
PLACE: MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS THAT: -
l. The application be dismissed.
Ze The applicant pay four fifths of the respondents' costs.
(Settlement and entry of Orders 1s dealt wath in 0.36 of Rules of Court.)
IN_THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V. No. G 206 of 1384
GENEPAL DIVISION
BETWEEN :
JOHNS & LYNG GROUP FTY. LTD. (formerly known as WHITEINCH PTY. LTD. and CLASSIC TIMBER PRODUCTS FTY. LTD.) Applicant
and
ELDAWOOD ENTERPRISES PTY. LTD. (formerly known as CLASSIC TIMBER PFODUCTS (AUST. ) PTY. LTD.) and CHARLES CARLYLE BRYANT Respondents
COURT: NORTHROP J. DATE: 6 APRIL 1987
PLACE: MELBOURNE
REASONS FOR JUDGMENT
It is most unfortunate that these proceedings came on for trial. The trial was lengthy and the costs incurred by each party must be very large. From a consideration of the whole of the evidence, I have formed the opinion that the parties to these proceedings are each innocent of any wrong doing but were caught up in legal proceedings which got out of control. To a large extent, the proceedings got out of control because of the deplorable standard of the pleadings and the fact that the pleadings did not raise clearly the
true issues between the parties. Thus the amended statement
ta
of claim was a prolix document containing 21 paragraphs. The defence to the amended statement of claim contained Zl paragraphs each paragraph of which was either a non admission or a denial of the allegations contained in each paragraph of the statement of claim. Such a pleading 15 not of a standard suitable to the practice and procedure of this Court and this
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate