Federal Court of Australia
JUDGMENT No. \S2 /2.....
CATCHWORDS PRACTICE - pleadings - amendment - by applicants after close of
case - relevant principle - need to decide real issues - questions
of prejudice.
Trade Practices Act 1974 s.52
Cropper v Smith (1884) 26 Ch.D. 700 Farrell v Secretary of State (1980) 1 All ER 166
COLIN FREDERICK WRIGHT AND MAUREEN MARGARET WRIGHT v WHEELER GRACE & PIERUCCI PTY LTD, ROBERT JOSEPH PIERUCCI, GLENN JOHN WHEELER, MICHAEL JAMES GRACE and PETER FRANCIS COLLINS
NO. WAG 108 of 1986
FRENCH J. . PERTH 16 MARCH 1988
IN THE FEDERAL COURT
OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
NO. WAG 108 of 1986 BETWEEN: COLIN FREDERICK WRIGHT First Applicant MAUREEN MARGARET WRIGHT Second Applicant and WHEELER GRACE & PIERUCCI PTY LTD First Respondent ROBERT JOSEPH PIERUCCI Second Respondent GLENN JOHN WHEELER Thixd Respondent MICHAEL JAMES GRACE Fourth Respondent and PETER FRANCIS COLLINS
Fifth Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 16 MARCH 1988
WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The applicants' re-amended statement of claim is amended in accordance with the Minute of Substituted Statement of Claim save for the following parts of that Minute:- (1) the words "on behalf of the First Respondent"
appearing in subparagraphs (i), (iii) and (iv) of paragraph 9; (ii) paragraph 13;
(iii)paragraph 17, 18 and 19;
(iv) item (ii) of the particulars of loss and damage in
paragraph 20.
2. The respondents have leave to amend their defence.
3. The applicants are to pay the costs of the hearing on
Tuesday, 15 March 1988 in any event.
4. The applicants to pay any costs thrown away by reason of
any necessary amendments to the respondents' defence.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
"
IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION )
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