Jones, T.M. v Deicke Enterprises Pty Ltd & Anor [1988] FCA 171

t JUDGMENT No, 17. / 88...

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY

) QLD G197 of 1987 GENERAL DIVISION )

BETWEEN: THOMAS MICHAEL JONES Applicant

AND: DEICKE ENTERPRISES PTY. LTD.

First Respondent

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 15 APRIL 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the orders made on 21 March 1988 be set aside;

2. the applicant pay the respondents' taxed costs relating to the appearance on 21 March 1988;

3. the costs of and incidental to the application filed on 29 March 1988 be the respondents' costs in

the proceedings.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) UEENSLAND DISTRICT STRY ) QLD G197 of 1987

GENERAL DIVISION )

BETWEEN: THOMAS MICHAEL JONES Applicant

AND: DEICKE ENTERPRISES PITY. LTD. First Respondent AND: EILEEN DEICKE

Second Respondent

PINCUS J. 15 APRIL 1988

REASONS FOR JUDGMENT

The principal application was struck out on 21 March 1988 and the applicant now seeks to have that order set aside so

that the matter may proceed in the ordinary course.

The principal application 1s one concerning sale of

land, the applicant asserting that some improvements which were

represented to be on the land were in fact partly ona gazetted road. The contract was made on 12 November 1984 and the application was filed nearly three years later on 29 October 1987. Although the defendant pleads the three-year time limit in s.82(2) of the Trade Practices Act 1974, it seems clear that the

proceeding was not, when instituted, statute barred.

The first directions hearing took place on 18 December 1987, when I ordered that the defence be filed and served by 1 February 1988, that a reply be filed and served by 15 February 1988, that discovery and inspection take place by 7 March 1988; I set the matter down for further mention on Monday, 21 March 1988