Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd & Anor [1987] FCA 206

Bugis ey L, ec Nek VL ON

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

NO. WAG 114 of 1986

BETWEEN: BOND CORPORATION PTY LTD Applicant

and

THIESS CONTRACTORS PTY LTD First Respondent

and

OVE ARUP PTY LTD, ARUP PARTNERS PTY LTD and OVE ARUP CONSULTANTS PTY LTD

Second Respondents

MINUTE OF ORDER

JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 29 APRIL 1987 WHERE MADE: Perth

THE COURT ORDERS THAT:

i. The applicant do on or before 7 May 1987 file and deliver a statement of claim further amended in the

following respects:-

(i) as to paragraph 22 to make explicit the allegation that the representations as to the first respondent's capacity set out in paragraph 19 were

false; aye

ROOT IVED ~ SMAY 1987

FEDERAL COURT OF AUSTRALIA

" PRINCIPAL ON REGISTRY

2.

(ii) as to paragraph 27 to make explicit the allegation that the representation as to the first respondent's capacity set out in paragraph 26 was

false;

(iii)as to paragraph 26 to specify the approximate time

at which the alleged representations were made.

2. The applicant will otherwise have leave to amend generally. | 3. The first respondent is to pay the applicant's costs of

the motion.

Note: Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

et eer ene re

IN THE FEDERAL COURT FOR LIMITED DISTRIBUTION

OF AUSTRALIA WESTERN AUSTRALIA

DISTRICT REGISTRY GENERAL DIVISION

ee ee

NO. WAG 114 of 1986

BETWEEN: BOND CORPORATION PTY LTD Applicant

and

THIESS CONTRACTORS PTY LTD First Respondent

and

OVE ARUP PTY LTD, ARUP PARTNERS PTY LTD and OVE ARUP CONSULTANTS PTY LTD

Second Respondents

CORAM: FRENCH J. 29 April 1987

REASONS FOR JUDGMENT The first respondent moves the Court for orders striking out various paragraphs of the applicant's amended statement of claim and in the alternative in relation to certain of those