C. Spagnolo Pty Ltd v Wesfarmers Insurance Ltd & Anor[1987] FCA 285

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IN THE FEDERAL COURT

OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

BETWEE RN:

JUDGE MAKING ORDER: DATE MADE:

WHERE MADE:

THE COURT ORDERS THAT:

l. The applicant has leave on or before 23 June 1987 to file and deliver a further amended statement of claim.

2. The respondents are to file and deliver any defence to the further amended statement of claim on or before 7 July 1987.

3. Any xeply to the amended defence to be filed on or before 14 July 1987.

4. The applicant is to pay the respondents'

motion and any costs thrown away by reason of the

No. WAG 122 of 1986

C. SPAGNOLO PTY LTD Applicant

and

WESFARMERS INSURANCE LTD First Respondent

and

LESLIE EDWARDS

Second Respondent

MINUTE OF ORDER

FRENCH J.

9 JUNE 1987

PERTH

further amendment in any event.

Note: Settlement and entry of orders is dealt with

in Order 36 of the Federal Court Rules.

ae ee ee oo

costs of the

NOT INTENDED FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA

DISTRICT REGISTRY GENERAL DIVISION

NO. WAG 122 of 1986 BETWEEN: C. SPAGNOLO PTY LTD Applicant and WESFARMERS INSURANCE LIMITED First Respondent and LESLIE EDWARDS Second Respondent CORAM: FRENCH J. 9 JUNE 1987

REASONS FOR JUDGMENT

In this case the applicant is claiming damages for a

contravention of s.52 of the Trade Practices Act 1974. The claim

arises out of the alleged failure of the first respondent to issue a workers' compensation insurance policy to cover the applicant in respect of claims by its employees and the erroneous issue of such

a policy to a related partnership with no employees.

The respondents move to strike out the amended statement of claim under 0.11 r.16 as disclosing no reasonable cause of

action.

. 2.

Alternatively they seek to strike out paragraphs 7 and 9 as embarrassing and irrelevant, paragraphs 6, 8, 11, 12 and 14 as