Federal Court of Australia
» JUDGMENT No. S86 / 81. 60 if)
CATCHWORODS
PRACTICE AND PROCEDURE ~- application for leave to administer
further interrogatories - trial 5 days away - interrogatories administered in absence of agreement re documents - practical impact on litigation rather than mere lateness the controlling factor - unfair burdens - need for sensible agreement re non-contentious documents - readiness of court to permit late interrogatories if agreement not reached for' insubstantial
reasons.
JOHN BAPTIST NELLA, CLIFFORD SYDNEY BROWN, BARBARA SYBIL BROWN
and IAN WILLIAM BROWN v KINGIA PTY LTD, IAN DAVID ASPHAR, PETER
ANTHONY MCCOMISH and ROBERT WILLIAM WATERS, HILLDODD PTY LTD,
MAXWELL DODD, MAURICE HOWARD HILL, AND STANLEY RONALD LAYTON, KINGIA PTY LTD v HILLDODD PTY LTD
WAG 18 OF 1983
FRENCH J. PERTH ia 3
12 OCTOBER 1987
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN =:
No. WAG 18 of 1983
JOHN BAPTIST NELLA, CLIFFORD
SYDNEY BROWN, BARBARA SYBIL BROWN and IAN WILLIAM BROWN
Applicants KINGIA PTY LTD
First Respondent IAN DAVID ASPHAR, PETER ANTHONY MCCOMISH and ROBERT WILLIAM WATERS
Second Respondents HILLDODD PTY LTD
Third Respondent MAXWELL DODD
Fourth Respondent MAURICE HOWARD HILL
Fifth Respondent STANLEY RONALD LAYTON
Sixth Respondent KINGIA PTY LTD
Cross Claimant
HILLDODD PTY LTD
Cross Respondent
2.
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 12 OCTOBER 1987
WHERE MADE: PERTH
THE COURT ORDERS THAT:
The applicants have leave to amend the _ re-amended statement of claim in terms of the further substituted
re-amended statement of claim annexed to the motion.
The filing and service of the substituted re-amended
statement of claim be dispensed with.
The applicants are to pay the respondents' costs of the
motion in any event.
Note: Settlement and entry of Orders is dealt with in
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