Federal Court of Australia
JUDGMENT No. G27...
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G192 of 1987 GENERAL DIVISION )
BETWEEN: J. C. HUTTON PROPRIETARY LIMITED
Applicant
AND: DARLING DOWNS CO-OPERATIVE BACON ASSOCTATION LIMITED
Respondent
AND: DARLING DOWNS CO-OPERATIVE BACON ASSOCIATION LIMITED
Cross-Claimant AND: J. C. HUTTON PROPRIETARY LIMITED
First Cross-Respondent
AND: TANCRED BROS. PTY. LIMITED
Second Cross-—Respondent
FRED PAUL (MERRYLANDS) PTY. ETD.
Third Cross-Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 17 FEBRUARY 1988 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. the costs of today be reserved.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G192 of 1987 GENERAL DIVISTON )
BETWEEN: J. C. HUTTON PROPRIETARY LIMITED
Applicant
AND: DARLING DOWNS CO-OPERATIVE BACON ASSOCIATION LIMITED
Respondent
AND: DARLING DOWNS CO-OPERATIVE BACON ASSOCIATION LIMITED
Cross-Claimant
AND: J. C. HUTTON PROPRIETARY LIMITED
First Cross-Respondent
AND: TANCRED BROS. PTY. LIMITED
Second Cross-Respondent
AND: FRED PAUL (MERRYLANDS) PTY. LTD.
Third Cross-Respondent
PINCUS J. 17 FEBRUARY 1988
EX TEMPORE REASONS FOR JUDGMENT
These are my reasons for judgment with respect to an
application heard this morning. The genesis of today's hearing was really an order I made on 18 November 1987 when I gave leave
to the respondent to serve a cross-claim subject to the rights of
the proposed cross-respondents to apply to set it aside.
By an error on the part of the cross-claimant, one of
the cross~respondents, Fred Paul (Merrylands) Pty. Ltd., was not
served and has not entered an appearance. The absence of that
cross-respondent was thought by Mr Muir 9.C., who appeared for
Tancred Bros. Pty. Limited, the second cros-respondent, to make it
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