Federal Court of Australia
JUDGMENT Mr. SRT om
IN THE FEDERAL COURT
Perea Aent TT)
LIMITED DISTRIBUTION
OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 89 of 1987
BETWEEN: LORENZO CASSISI and FELICE CASSISI
Applicants
and
C.F.C. HOLDINGS PTY LTD
Respondent and C.F.C. HOLDINGS PTY Cross—Claimant and
CENTURION TRANSPORT
Cross—Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 29 APRIL 1988 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The motion will be dismissed.
LTD
co. PTY LTD
2. The respondent is to pay the applicants' costs of
motion save for those incurred at the appearance on
April 1988.
Note: Settlement and entry of orders
Order 36 of the Federal Court Rules.
is dealt with
the in
IN THE FEDERAL COURT LIMITED DISTRIBUTION OF AUSTRALIA
) ) WESTERN AUSTRALIA ) ) )
DISTRICT REGISTRY GENERAL DIVISION
No. WAG 89 of 1987
BETWEEN: LORENZO CASSISI and FELICE CASSISI Applicants
and
C.F.C. HOLDINGS PTY LTD Respondent
and
C.F.C. HOLDINGS PTY LTD Cross—Claimant
and
CENTURION TRANSPORT CO. PTY LTD
Cross—Respondent
CORAM: FRENCH J. 29 April 1988
EX TEMPORE REASONS FOR JUDGMENT
This is a motion brought by the respondent for an order that the amended statement of claim in these proceedings be struck out. The motion, it would appear, is brought under 0.11 1.16,
which provides that:-
"Where a pleading -
(a) discloses no reasonable cause of action or defence or other case appropriate to the nature of the pleading;
(b) has a tendency to cause prejudice, embarrassment or delay in the proceeding; or
2.
(c) is otherwise an abuse of the process of the Court,
the Court may at any stage of the proceeding order that the whole or any part of the pleading be struck out."
The general principles which govern the discretion conferred on the Court by r.16 are well established. And, pursuant to those principles, the power to strike out a pleading is to be exercised sparingly and only in those cases where the case of the pleader is shown to be so clearly untenable that 1t could not possibly
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