Federal Court of Australia
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Guo. IN _THE FEDERAL COURT OF AUSTRALIA ) UEENS DISTRICT REGISTRY ) QLD G207 of 1987 _- GENERAL DIVISION )
BETWEEN: KENNETH JAMES AYLWARD Pirst Applicant
AND: STAR HOLDINGS (QLD) PTY LTD Second Applicant
AND: WESTPAC BANKING CORPORATION
Respondent
MINUTES OF ORDER
(ol FE : JUDGE MAKING ORDER: PINCUS J. EOE COUG oe fel RN Pane DATE OF ORDER: 29 APRIL 1988 = $s WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The further and better particulars filed by the applicants on 29 February 1988 be amended by adding Paragraph 4:
"As to the allegations of inherent unfitness in paragraphs (1), (2) and (3) of this document, the applicants' case is that transactions of the type the respondent engaged in under the management agreement referred to in the pleadings were not fit for the purpose mentioned in the pleading, not because of the particular quality of the respondent's services, but because it 1s pure chance whether the provision of such services improves or worsens the position of a customer."
2. Paragrahs 16 and 17 of the amended statement of claim be struck out.
3. Leave be given to the applicants to deliver within 14 days a further amended statement of claim, and directs that the particulars be fully incorporated in the pleading.
> cy
The defence and counterclaim be delivered by 27 May 1988.
The reply and answer be delivered by 10 June 1988. Discovery be given by 24 June 1988. Inspection take place by 1 July 1988.
The matter be set down for further mention on Friday, 8 July 1988.
The respondent's costs of the notice of motion filed on 12 April 1988 be taxed and paid by the applicants.
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 G207 of 1987 GENERAL DIVISION )
BETWEEN: KENNETH JAMES AYLWARD First Applicant
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