Federal Court of Australia
CATCHWORDS
PLEADING - JURISDICTION - Appeal from a refusal by the primary judge to allow an amendment to the Defence and Cross-Claim seeking to incorporate a plea of the time limitation prescribed by s.62(2) of the Trade Practices Act - amendment sought at a late stage in the proceedings - primary judge emphasised prejudice caused by delay in recommencing in the Supreme Court if proposed amendment was ultimately successful - HELD in exercising his discretion the primary judge erred in not taking into account the accrued jurisdiction of the Court to determine all of the matters in dispute between the parties once the jurisdiction of the Court was properly attracted.
Trade Practices Act 1974 ss.52, 82(2) and 86.
Philip Morris Incorporated v. Adam P, Brown Male Fashions Pty Ltd (1981) 148 C.L.R. 457 at 474 applied; A
rown Ma ashions v. Philip Morris ated (1981) 146 C.L.R. 170 applied; al Pr ary Ltd v. Force (1983) 154 C.L.R. 261 applied; Carter and Others v. Eqq and Eqq Pulp Marketing Board (Vict) (1942) 66 C.L.R. 557 applied; Cleugh v. Froaq (1974) 4 A.L.R. 615 referred to; McMahon v. Smith (1986) 69 A.L.R. 527 applied;
Dorotea Pty Ltd v. Christos Doufas Nominees Pty Ltd C1986] 2 Qa R 91 referred to;
Brisbane velopne Corporat t: dv. Robe mn £1983] 2 Qd R 105 referred to;
Cropper v. Smith (1884) 26 Ch. 700 referred to.
Queensland G200 of 1966
v. VANCLEVE PTY LTD (as trustee for THE Vv. [ij UST)
Northrop, Jackson and Gummow JJ. Brisbane 15th April 1987
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No. G200 of 1986 ) GENERAL DIVISION )
On Appeal from the Federal Court of Australia
BETWEEN: DOROTEA PTY LTD Appellant AND: VANCLEVE PTY LTD
(as trustee for THE VANCLEVE UNIT TRUST)
Respondent
CORAM: NORTHROP, JACKSON AND GUMMOW JJ. DATE: 15th April 1987 PLACE: Brisbane
MINUTES OF ORDER
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