Federal Court of Australia
'
"
if
JWOGMENT No. 504/21
CATCHWORDS
PRACTICE AND PROCEDURE - pleadings - admission of facts not alleged - particulars and material facts - pleading to particulars - pleading to allegations against another party- 0.11 1.13 "opposite party" - fraud - by corporation - particulars of identity of natural persons involved - collusive tendering
arrangement - particulars - separate trial as to quantum.
Evidence Act 1906 (WA) s.79C Trade Practices Act 1974 s.82
H.1976 Nominees v Galli (1979) 40 FLR 242
Bond Corporation Pty Limited v Thiess Contractors Pty Ltd and Ove Arup Pty Ltd, Arup Partners Pty Ltd and Ove Arup Consult Pty Ltd No. WAG 114 of 1987
FRENCH J. 1 OCTOBER 1987 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
NO. WAG 114 OF 1986
BETWEEN: BOND CORPORATION PTY LIMITED
Applicant
and
THIESS CONTRACTORS PTY LTD First Respondent
and
OVE ARUP PTY LTD ARUP PARTNERS PTY LTD and OVE ARUP CONSULT PTY LTD
Second Respondents
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 1 October 1987
WHERE MADE: PERTH
THE COURT ORDERS THAT:
A.
As to the Applicant's motion to strike out various parts of the First Respondent's defence and
cross-claim:-
The Defence 1(i) The words including and following the words
"or at all" in paragraphs 12, 19, 31, 34 and
43 be struck out.
2.
(11) Thiess have leave to amend paragraph 29 by
substituting "the Tendered Works" for "the
Contract Work",
(iii) Sub-paragraph 30(b) and the words "and (b)" in
sub-paragraph 30(c) be struck out.
(iv) No order as to paragraph 38. (v) Paragraph 42 be struck out. (vi) No order as to paragraph 45.
The Cross-Claim
(vii) Paragraphs 11 to 16 be struck out.
(viii) Paragraphs 20 to 22 be struck out.
(1x)(a) Paragraphs 23 to 26 be struck out.
(b) No order as to paragraphs 27 and 28.
(x) The words "or alternatively Clause 23" be
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