Federal Court of Australia
FOR LIMITED DiSTRiBaTION/
'F
TINT Wo. Gl /
JUBGRI
IN THE FEDERAL COURT OF AUSTRALTA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISTON
BETWEEN :
AND:
BETWEEN :
AND:
CORAM: BEAUMONT J PLACE: SYDNEY DATE: 11 MARCH 1988
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No. G667 of 1987
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AMANN AVIATION PTY. LIMITED
Applicant
COMMONWEALTH OF AUSTRALIA
Respondent COMMONWEALTH OF AUSTRALIA
Cross Claimant
AMANN AVIATION PIrY. LIMITED
Cross Respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. Leave to file draft reply and defence to cross claim
dated 10 March 1988 be refused.
2. Liberty be granted to the applicant to re-plead.
3. Applicant pay the respondent's costs of this application.
Note: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G667 of 1987
GENERAL DIVISTON
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BETWEEN: AMANN AVIATION PTY. LIMITED
Applicant AND: COMMONWEALTH OF AUSTRALIA
Respondent
BETWEEN: COMMONWEALTH OF AUSTRALIA
Cross Claimant
AND: AMANN AVIATION PTY. LIMITED
Cross Respondent
CORAM: BEAUMONT J PLACE: SYDNEY DATE: 11 MARCH 1988
REASONS FOR JUDGMENT (ON APPLICATION FOR LEAVE TO FILE DRAFT REPLY AND DEFENCE TO CROSS CLAIM)
The respondent opposes the grant of leave to the applicant to file a reply and defence to cross claim on the ground that the principal allegations in the reply and defence to cross cClaim are frivolous and vexatious and disclose no reasonable cause of action. At the conclusion of argument, I indicated that I was against the applicant and that I would
publish my reasons shortly. The following are my reasons.
Argument in the application concentrated in the first
instance on para.16 of the draft reply. It is as follows:
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"16. In further answer to the breaches or failures of the CWC alleged in paragraphs 16, 19 and 22 of the Defence, Amann says that any failures to fulfil the CWC resulted from the failure of the Commonwealth to do all that was necessary to be done on its part for the carrying out of the CWC."
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