Federal Court of Australia
JUDGMENT No. 3857 9%...
LIMITED DISTRIBUTION
CATCHWORDS PRACTICE AND PROCEDURE - pleadings - amendment - relevant principles - embarrassing plea ~ amendment not permitted - notice to admit facts - no response ~- deemed admission - leave to
withdraw admission and file response out of time.
Trade Practices Act 1974 s.52
Cropper v Smith (1884) 26 Ch.D.700 Farrell v Secretary of State for Defence (1980) 1 All ER 166
KIMBERLEY N.Z.1. FINANCE LIMITED v TORERO PTY LTD, STEVEN ALICK MASEL, FRANK LEONNE AGNELLO
TORERO PTY LTD v TRAYDA PTY LTD
No. WAG 99 of 1985
FRENCH J. PERTH 19 JULY 1988
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
ee ee we
BETWEEN:
LIMITED DISTRIBUTION
NO. WAG 99 of 1985 KIMBERLEY N.Z.I. FINANCE LIMITED Applicant and TORERO PTY LTD First Respondent STEVEN ALICK MASEL Second Respondent FRANK LEONNE AGNELLO Third Respondent TORERO PTY LTD Cross Claimant TRAYDA PTY LTD
Cross Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 19 JULY WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application for
claim is refused.
leave to amend the statement
2. The time limited for the applicant to respond to
respondents' motion
July 1988.
to admit facts be extended to
of
the
2.
The applicant pay the costs of today's
hearing in any event to include the
counsel to be taxed.
Note: Settlement and entry of orders
Order 36 of the Federal Court Rules.
costs of
directions
senior
is dealt with in
IN THE FEDERAL COURT OF AUSTRALIA
) LIMITED DISTRIBUTION
) WESTERN AUSTRALIA )
)
)
DISTRICT REGISTRY GENERAL DIVISION
NO. WAG 99 of 1985 BETWEEN: KIMBERLEY N.Z.I. FINANCE LIMITED Applicant and TORERO PTY LTD First Respondent STEVEN ALICK MASEL Second Respondent FRANK LEONNE AGNELLO Third Respondent
TORERO PTY LTD
Cross Claimant TRAYDA PTY LTD
Cross Respondent
CORAM: FRENCH J. 19 JULY 1988
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