Federal Court of Australia
: Laie Wakao ken Daginecy
PRACTICE AND PROCEDURE - pleading - trade practices - misleading
and deceptive conduct ~- representation of general ability to provide services - pleading that representation falsified by failure to perform particular contract - no logical connection -
paragraph struck out - tendency to prejudice embarrass or delay
fazr trial of action.
Federal Court Rules 0.11 Trade Practices Act 1974 s.52
H_ 1976 Nominees Pty Ltd v Galli (1979) 40 FLR 242 Bruce v Odhams Press Limited (1936) 1 KB 697
TVW ENTERPRISES LIMITED V CREWE AND SON PTY LIMITED WAG No. 96 of 1986 —
FRENCH J. 16 MARCH 1987 PERTH
{SAPRES
»——_--
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEE N:
JUDGE MAKING ORDER:
DATE OF ORDER:
NO. WAG 96 OF 1986
TVW ENTERPRISES LIMITED Applicant
and
CREWE AND SON PTY LIMITED
Respondents
MINUTE OF ORDER
FRENCH J.
16 March 1987
WHERE MADE: Perth THE COURT ORDERS THAT: l. As to paragraph 15 the motion is dismissed.
2. Paragraph 16
out.
of the statement of claim is struck
Note: Settlement and entry of orders is dealt
with in Order 36 of the Federal Court Rules
ee Se ee ee a
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
ee ee
NO. WAG 96 OF 1986
BETWEEN: TVW ENTERPRISES LIMITED Applicant
and
CREWE AND SON PTY LIMITED
Respondent
CORAM: FRENCH J. 16 MARCH 1987
EX TEMPORE REASONS FOR JUDGMENT
This is an application under 0.11 sub-rules 16(a) and
(b) of the Federal Court Rules seeking to strike out paragraphs
15, 16, 23, 24 and 25 of the amended statement of claim filed by the applicant on 16 October 1986. The respondent on the return of the motion for hearing has indicated that it does not wish to pursue the application in respect of paragraphs 23, 24 and 25, but
does maintain it 1n respect of paragraphs 15 and 16.
The application arises out of the design, manufacture and installation of a paper reel tracking system to be constructed as part of an overall printing plant for the production of a newspaper known as "The Western Mail", published in the Perth
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