Federal Court of Australia
FOR LIMITED DISTRIBUTION e 5 NOP SUITABLE TOR PUbricartoy JSUDGMENT No. 3937 &8 .
CATCHWORDS
Practice and procedure - self-executing order for filing and service of affidavits containing evidence which a party proposes to adduce - application to have proceedings dismissed - 0.20 r.2 Federal Court Rules - whether alleged deficiencies in affidavits require finding of default in compliance with order - relevance of possibility that party filing affidavits may supplement evidence-in-chief - principles governing application of 0.20 r.2 - whether Court's consideration limited to the statement of claim or extends to "proceedings generally" - factors weighing with Court in exercise of discretion - whether party submitting no case to answer should be put to an election to call evidence
or not.
0.20 r.2 Federal Court Rules
CABOOLTURE PARK SHOPPING CENTRE PTY. LTD. v WHITE INDUSTRIES (QLD) PTY. LIMITED
No. G198 of 1986
Ryan J 22 July 1988 Brisbane
28 JUL 1988
FEDERAL. AUSTRALE OF
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No. G198 of 1986 ) GENERAL DIVISION )
BETWEEN : . CABOOLTURE PARK SHOPPING
CENTRE PTY. LID. (Applicant) AND: WHITE INDUSTRIES (QLD)
PTY. LIMITED (First Respondent)
AND BETWEEN: WHITE INDUSTRIES (OLD) PTY. LIMITED
(First Cross~-Claimant)
AND: CABOOLTURE PARK SHOPPING CENTRE PTY. LTD.
(First Cross-Respondent)
Judge Making Order: Ryan J
Date of Order: 22 July 1988
Where Made: Brisbane
MINUTES OF ORDER
THE COURT ORDERS:
1. That the motion on notice dated 8 June 1988 be dismissed. 2. That the costs of the said motion be reserved.
NOTE: Settlement and entry of orders is dealt with in 0.36 of
the Federal Court Rules. = _
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION
No. G198 of 1986
wee ww
RETWEEN : CABOOLTURE PARK SHOPPING CENTRE PTY. LTD. (Applicant)
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