Federal Court of Australia
'NIDQ@MENT No. 2). 7.22.
CATCHWORDS
Contract - Agreement with Commonwealth to provide coastal
surveillance services - whether the contract contained an implied obligation on the part of the Commonwealth to perform its contractual undertaking in good faith - whether implied
obligation to co-operate.
Practice -— Pleading - application for leave to amend points of claim - whether pleading discloses an arguable cause of
action.
AMANN AVIATION PTY. LIMITED (Applicant) v. COMMONWEALTH OF AUSTRALIA (Respondent}
COMMONWEALTH OF AUSTRALIA (Cross Claimant) v. AMANN AVIATION PTY. LIMITED (Cross~Respondent)
No. G667 of 1987
Beaumont J Sydney 11 February 1988.
Sep eee
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G667 OF 1987 ) )
CORAM:
PLACE:
DATE:
GENERAL DIVISION
BETWEEN: AMANN AVIATION PTY. LIMITED
Applicant
AND: COMMONWEALTH OF AUSTRALIA
Respondent
BETWEEN: COMMONWEALTH OF AUSTRALIA
BEAUMONT J
SYDNEY
11 FEBRUARY 1988
Cross Claimant
AND: AMANN AVIATION PTY. LIMITED
Cross Respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
In respect of sub-paras. (vi) and (x) of para. 17 of
the further amended points of claim and in respect of
sub-para.
granted.
(xii)
of
para.19, leave to amend is
ere
Tas
Notes:
In respect of sub-paras. (xiv) of para.17 and (xv) of para.19, leave to amend is refused with liberty to
re-plead.
In respect of sub-paras. (i), (ii), (iii), (iv), (v), (vil), (vizi), (ix), (xi), (xii), (xiii) and (xv) of para. 17, para. 18 and sub-paras. (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) (xiii) and (xiv) of para.19, leave to amend is
refused.
The applicant pay three-quarter's of the respondent's
costs of the application for leave to amend.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
ae
ee
eo
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G667 of 1987
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate