Federal Court of Australia
PRACTICE AND PROCEDURE - Trade Practices - misleading and
deceptive conduct - passing off - use of names similar to "Burswood Casino" - previous hearing vacated - relisted 18 months later - respondents' last minute instruction of new solicitor - trial commencing in 2 weeks - motion to amend defence - general principles governing leave to amend - relationship to question on strike out application - motion for leave to file cross claim - $7 million claim for compensation re interlocutory injunction - leave
denied - leave to interrogate denied.
Trade Practices Act 1974 ss. 52, 82
Cropper v Smith (1884) 26 Ch.D.700
Commonwealth Dairy Produce Equalisation Committee Limited v McCabe
(1938) SR{NSW) 397
BURSWOOD MANAGEMENT LIMITED and WEST AUSTRALIAN TRUSTEES LIMITED v BURSWOOD CASINO MOTEL/HOTEL PTY LTD, FRANCESCO BEMPASCIUTO and AUSTRALIAN TELECOMMUNICATIONS COMMISSION No. WAG 54 of 1985
FRENCH J. 30 JULY 1987 PERTH
—
Be err re
set:
cane en
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
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No. WAG 54 of 1985
BURSWOOD MANAGEMENT LIMITED and WEST AUSTRALIAN TRUSTEES LIMITED
Applicants
and
BURSWOOD CASINO MOTEL/HOTEL PTY LTD
First Respondent and FRANCESCO BEMPASCIUTO Second Respondent and
AUSTRALIAN TELECOMMUNICATIONS COMMISSION
Third Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER:
30 July 1987
WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The First and Second Respondents have leave to amend
their defence in accordance with the following parts of
the minute of amended defence filed with their motion of
23 July 1987:-
(i)
Paragraph 2 subject to the substitution of the
word "say" for the word "admit".
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2.
(ii) Paragraph 3 subject to the substitution of the word "say" for the word "admit" and the deletion of all words from "section 21 of
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